ANNUAL REPORT OF THE REGISTER OF COPYRIGHTS

For the fiscal year ending September 30

LIBRARY OF CONGRESS / WASHINGTON / 1980 Library of Congress Catalog Card Number 10-35017 ISSN 0090-2845 Key title: Annual report of the Register of Coprights

This report is reprinted from the Annual Report of the Librarian of Congress for the fiscal year ending September SO, 1979 Contents

The Copyright Office 1 Administration, Personnel, Fiscal Activity, Space 2 Production and Services 3 Processing Activities 3 Acquisitions and Compliance 3 Examining 4 Cataloging 5 Information and Reference Services 6 Records Management 6 Licensing 7 Automation 8 Cooperation with Other Departments of the Library 9 Copyright Deposit Collection 9 Other Cooperative Activities 9 Copyright Office Regulations 10 Special Projects 11 Committee to Negotiate Guidelines for Off-the-Air Videotaping for Educational Uses 11 Section 108 (i) Advisory Committee 11 Legislative Developments 11 Performance Royalty for Sound Recordings 11 Protection of Ornamental Designs of Useful Articles 12 Rights of Artists 12 Protection for Imprinted Design Patterns on Semiconductor Chips 12 Exemptions of Certain Performances and Displays 13 Other Legislative Activities 13 International Activities 15 The 1979Joint Meeting of the Intergovernmental Copyright Committee and the Executive Committee of the Berne Union 15 The Berne Question 15 Developing Nations and Copyright 16 International Training Programs 17 Cable Television 17 Satellite Convention 17 Computer Uses of Copyrighted Works 18 Translators 18 Other International Activities 18 Distinguished Foreign Visitors to the Copyright Office 19 Judicial Developments 19 Subject Matter and Scope of Copyright 19 Public Performance Rights and Related Topics 20 Infringement and Defenses 23 Related Rights 27 Tables : International Copyright Relations of the United States as of September 30. 1979 31 Number of Registrations by Subject Matter of Copyright, Fiscal Year 1979 35 Disposition of Copyright Deposits, Fiscal Year 1979 36 Summary of Copyright Business 37 Financial Statement of Royalty Fees for Compulsory Licenses for Secondary Transmissions by Cable Systems for Calendar Year 1978 98 Financial Statement of Royalty Fees for Compulsory Licenses for Coin-Operated Players for Calendar Year 1979 38 9 9 "To promote the Progress of Science and useful Arts . . . . Report to the Librarian of Congress by the Register of Copyrights THE COPYRIGHT OFFICE

The accomplishments of the Copyright Off~cefor copyright. the past fiscal year can perhaps best be measured Along with these gains in the recognition and in the context of the copyright revision program, protection of the rights of the individual author, extending back at least to the enactment on Oc- there have been added provisions that limit these tober 19, 1976, of Public Law 94-553, the Act for exclusive rights in the public interest, as well as the General Revision of the Copyright Law (title 17 other limitations resulting from the inevitable com- of the United States Code), and the intense promises accompanying most legislation. The lat- preparations through 1977 for its full initial im- ter include the statutory recognition of "fair use," plementation beginning January 1, 1978. This en- a provision under which certain uses are not in- tire period has been one of concentrated attention fringements of copyright; limitations on the ex- to the myriad complex issues concerned with the clusive rights to perform or display certain works new law, a period marked by almost total dedica- arising out of the nonprofit nature of a given activi- tion within the Copyright Office to a common pur- ty; and compulsory licenses applying to certain pose, the results of which can be fairly assessed as cable television retransmissions of primary broad- major achievements. While implementation of this cast transmissions, to public performances of new statute, the first general revision of the musical works on coin-operated phonorecord copyright law since 1909, brought temporary pro- players, to the use of certain copyrighted materials duction obstacles that in turn led to arrearages and by noncommercial broadcasting entities, and to the inevitable frustration, these have been far making and distribution of phonorecords of outweighed by the basic gains realized in the musical works. American copyright system. The trend, both domestic and international, The new law has preempted virtually all state toward increased reliance upon compulsory licens- common law and statutory law equivalent to ing in particular controversial areas of copyright copyright and has substituted a single federal becomes each day more obvious and poses critical system of copyright protection, attaching from the problems for the future of the fundamental concept creation of a work, with a term in most instances that the author should have the right to control the lasting for the life of the author plus fifty years use of the copyrighted work. Indeed, as modem after the author's death. All works thus now receive society moves toward that phase of economic life federal statutory copyright from the moment of called "post-industrial," where livelihoods are their creation, without regard to when or whether earned predominantly through the sale of informa- they are ever published. And the author is clearly tion, expertise, and rielated personal services, the identified in the statute as the first owner of the extent to which copyrightable creations are pro- REPORT OF THE REGISTER OF COPYRIGHTS. 1979 tected as exclusive property interests can become sonnel in accordance with shifts in the workload. central to national growth. In order to free time for legal and international The unsettled areas that remain in copyright law matters requiring the personal attention of the seem also to reflect the movement to post-industrial Register of Copyrights, responsibilities for ad- models. These areas include educational uses of ministration of the Copyright Office were realigned copyrighted works, the. changing roles played by in June 1979. Full responsibility for matters con- libraries and information networks, the special cerned with workflow, currency, fiscal activities, treatment of the growing not-for-profit sectors of and personnel was delegated to the assistant the economy, and a host of issues involving the in- register for automation and records. The assistant creasing complexity of mass communications. register for registration and the special legal All these forces, engendered by the new law and assistants to the Register participated in a variety the dynamics of passing time, affect in some degree of legal and international studies in collaboration the Copyright Office. And it should thus be no sur- with the Register. prise that fiscal 1979, like its predecessor, has Jon A. Baumgarten, general counsel of the been a momentous period for the office. The Copyright Office since January 1976, resigned on workload again was staggering: applications for June 8, 1979, to enter the private practice of law. copyright registration were received at a rate of Mr. Baumgarten's contributions to the solution of about 10,000 per week; more than 429,000 regis- legal and administrative problems created by the trations were made. a sizable increase over the new copyright statute were invaluable. On July 16, previous year; a substantial number of cases con- 1979, Dorothy M. Schrader was appointed general tinued to require correspondence, although there counsel. Recognized as a leading expert in United was some reduction here as registrants became States and international copyright law, Ms. more experienced in completing the application Schrader has had fourteen years of varied legal and forms called for by the new law; the drafting of in- administrative experience in the Copyright Office, formation circulars continued to have priority at- including two years as general counsel, from 1974 tention; and the servicing of the backlog of un- to 1976. The Register's staff was further completed claims carried over from the previous strengthened with the appointment of Michael S. year remained a heavy burden. Indeed, the office Keplinger as special legal assistant. Susan B. has come to believe that there is to be no such thing Aramayo, chief of the Licensing Division, was pro- as a slow season in this specialized but important moted to the position of assistant chief of the area of the law. Cataloging Division on August 13, 1979. Ann L. The staff responded to these challenges with zeal Hallstein, formerly planning assistant to the and efficiency. Despite the continuing crush of Librarian of Congress, was named chief of the work before them, -they displayed a remarkably Records Management Division on July 30, 1979. strong and positive commitment to making fiscal The, Copyright Office lost several career staff 1979 a year of solid achievement. members through retirement, among them Ed- ' mund C. Bowie, attorney-adviser; Rose V. Lembo, senior administrative officer; and Melvin R. Peter- son, assistant chief of the Cataloging Division. ADMINISTRATION, PERSONNEL, FISCAL In fscal 1979 the many Copyright Office staff ACTMTY, SPACE members honored through the Library of Congress incentive awards program stood as representative The administrative structure of the Copyright Of- of the effort and dedication of the entire office fice stabilized in fiscal 1979. The new divisions staff of some six hundred people. Thirty staff added earlier in the reorganization that accom- members received individual cash awards for in- panied implementation of the new law-Records novative ideas and suggestions for various im- Management and Licensing-became fully opera- provements, and the special contributions of tional. Several divisions made internal alterations another twenty-seven staff members were recog- in the interest of speeding the processing of ap- nized by group cash awards. Certificates in plications, and staff realignments were made recognition of meritorious service were given to throughout the office as needed to redistribute per- seventeen employees, including one group award. REPORT OF THE REGISTER OF COPYRIGHIS. 1979 A total of 232 employees enrolled at some time during the year in work-related courses conducted by the Library of Congress or in workshops or The Acquisitions and Processing Division stabil- courses held outside the Library. Supervisory staff ized most parts of its operations, moving toward attended training courses in a number of ad- currency in the handling of both incoming and ministrative areas, including instruction in labor- outgoing mail. The Mail Unit processed 695,095 management relations. pieces of incoming mail, an increase of 6 percent, Indeed, a sizable fraction of administrative time and 867,571 pieces of outgoing mail, an increase of at various staff levels was allocated for labor- 12 percent. management matters in this first year of operation The backlog of unfinished business and open under the Library's negotiated contracts with labor correspondence cases camed over from the organizations. Library-wide changes in staff selec- previous year has continued to be of central con- tion procedures, including the use of selection cern and to have a dominant influence on work panels, involved administrative planning at the priorities and production schedules. The Materials departmental level as well as participation of addi- Control and Fiscal Control Sections felt particular- tional staff. Staff turnover was heavy, particularly ly the impact that came from the large volume of in some clerical areas, and recruitment of clerical searches for pending applications and the process- workers was a critical problem at various junctures ing of extraordinarily large numbers of refunds. during the year. Readjustments in the allocation of work space, together with planning for future space re- AcquhMom and Compll.acc quirements for staff and copyright deposits, took considerable administrative time. Projected Throughout the year the Deposits and Acquisitions assignments to the Copyright Oflice of space in the Section vigorously enforced the requirements of the new James Madison Memorial Building were new copyright law for the mandatory deposit of brought up to date in order to accord with the cur- copies and phonorecords for the enrichment of the rent organization of the office. A complete inven- collections of the Library of Congress. Indeed, tory of office property was completed for use in fiscal 1979 saw the Copyright Mice become a connection with the move back to Capitol Hill, and more active acquisitions soum for the Library of group tours of the Madison Building were con- Congress at a time when decreasing library acquisi- ducted for the entire Copyright Office staff. tions budgets are a national fact of life. Through its Following a survey by the staff of the Legislative established mechanism for selecting works from Subcommittee of the Appropriations Committee of deposits sent to the Copyright Office for registra- the House of Representatives, and in accordance tion, other departments of the Library acquired with its recommendations, the Copyright Office 396,118 items for addition to the collections. The Library was discontinued on September 30, 1979. Copyright Mice's zealous compliance effort en- Research materials necessary for the administra- abled the Library to continue to receive many serial tion of the copyright law were transferred to the publications when subscriptions had to be canceled custody of the ofice of the general counsel. A because of budget cutbacks. The value to the subsequent review by the Library of Congress Library of the office's aggressive compliance activ- Audit and Planning Offices was in process as the ity for all forms of material-motion pictures, fucal year ended. sound recordings, and maps and atlases, as well as monographs and serials-has been substantial. PRODUCTION AND SERVICES For motion pictures alone, the count for the first six months of fiscal 1979 showed the acquisition of Almost every phase of copyright activity showed some two hundred works in response to the de- substantial production gains during fiscal 1979. mand effort, at a total value of more than Registrations numbered 429,004 for the fiscal year, $100,000. and Copyright Ofice fees during fiscal 1979 In effect, the new copyright law makes registra- totaled $4,456,453, a part of which was credited, tion voluntary but includes a provision (section pursuant to law, to the appropriation for the 407) which requires owners of copyright to deposit Copyright Mice. copies of "works published with notice of copyrighte' REPORT OF THE REGISTER OF COPYRIGHTS, 1979 in the United States," if they have not registered submissions for registration (those in which a re- such published works. This section includes quired element such as application, fee, or copy is penalties for failure to comply with these deposit missing), with a form letter. This has relieved ex- requirements. Receipts under section 407 tripled in aminers of the need to review incomplete cases. A fiscal 1979, reaching a total of seventy-five thou- special project, staffed with personnel from the sand items. Some 85 percent of these materials Planning and Technical and the Examining were newspapers and magazines that were proc- Division, was able to make substantial reductions essed and forwarded to the Library's acquisitions in the number of cases held for correspondence by divisions within a week of their receipt in the dealing at this initial processing point with those Copyright OfEce. involving use of obsolete forms and insufficient Procedures have been worked out with acquisi- fees, as well as with incomplete submissions. tions specialists in other departments of the The intricacy of the examining process, whose Library to ensure that the Copyright OWce's principal purpose is to determine the registrability Deposits and Acquisitions Section is promptly of claims to copyright under the law, was evident in notified of undeposited works desired for the the many conferences and working sessions held Library's collections, so that the section can pro- throughout the year for the purpose of reevaluating ceed with its requests for deposit. Experience has the interim practices adopted in 1978 for use by the shown that some 80 percent of these cases are Examining Division under the new statute. With resolved within sixty days after the initial request the continuing analysis of legal questions arising as and an additional 15 percent or more within the a result of the implementation of the new law, ex- next thirty days. Most of the remainder are re- amining practices were obviously subject to con- solved after the final warning, which is issued if stant review and refinement. In all instances the there is no resolution within ninety days of the de- Copyright Oftice followed the basic policy of mand. Failure to comply after the final warning simplifying examining procedures to the fullest has been rare-only fifteen delinquent cases have degree possible without violating the integrity of had to be referred to the Department of Justice for the registration process, the ultimate goal of which prosecution or other action. must always be the creation of a truly meaningful and reliable public record, particularly in light of the provision of the law making the certificate of registration "prima facie evidence of the validity of the copyright and of the facts stated in the cer- tificate." At year's end the drafting of some sec- The avalanche of changes in regulations and pro- tions of the revised collection of practices was cedures that accompanied implementation of the under way, as the Examining Division learned new copyright law in 1978 continued to have its from experience what practices were proving most principal impact upon the Examining Division. effective in meeting the standards of the Copyright Some half million items, including books, pam- OWce and the requirements of the new law. phlets, serial publications, dramas, musical works, A special problem created by the new law is the works of art, maps, filmstrips, motion pictures, sharp peak in the workload of the staff that ex- sound recordings, and other materials submitted amines applications for copyright renewal. The for copyright registration, were examined in fiscal new statute retains the old system for computing 1979. As the public became more experienced with the duration of protection for works that secured the new law and the new application forms, claims statutory copyright before 1978 in that it provides requiring correspondence fell to an average of for a first term of twenty-eight years, measured about 30 percent, as contrasted with 80 percent from the date protection was originally secured by during the tint months of the preceding year. The publication or registration, along with the right to correspondence rate was still double that under the a renewal term, which is forty-seven years under previous law, however, and various measures were the new law. Thus, such copyrights in their first therefore undertaken to reduce the load still fur- term must still be renewed in the twenty-eighth ther. Perhaps the most important of these expe- year in order to receive the full new maximum term dients was the decision to return to the applicant, of seventy-five years for such works. But the new at the beginning of the in-process cycle, incomplete law provides that all terms of copyright are to run REPORT OF THE REGISTER OF COPYRIGHTS. 1979 5 to the end of the calendar year in which they would teractive Cataloging System (COPICS), and ad- otherwise expire, and this in turn means that all justments were made in personnel assignments to periods for renewal registration run from De- accommodate changes in workload. Changes in cember 31 of the twenty-seventh year to December computer programs brought improvements in 31 of the twenty-eighth year. The result is that, response time and prevented the data losses that since many renewal claimants desire to file at the had previously required the recataloging or rekey- earliest date, an unprecedented eighty-fivehundred ing of large amounts of cataloging information. renewal claims were received in January, 1979, In an effort to give section heads a broader almost one-third of those received during the entire understanding of the Cataloging Division's opera- fiscal year. However, by adjusting personnel alloca- tions, problems, and . relationships within the tions, renewal certificates were forthcoming with a department and with other parts of the Library, an minimum of delay. administrative internship program was conducted It is also interesting to note that in fiscal 1979 the by the division. Each of the five section heads and Renewals and Documents Section of the Examin- the head of the Technical Support Unit spent two ing Division processed for recordation 1,871 weeks working with the division chief and assistant notifications of filing and determination of court chief. The program not only gave participants a actions under the copyright law, which the clerks of broader perspective of the work of the division but the courts of the United States are to send to the also increased their understanding of the respon- Copyright Oftice to be made a part of its public sibilities of the department and facilitated their records pursuant to section 508 of the new statute, rapport with the division office and with fellow sec- a provision not found in the previous copyright law. tion heads, all of whom share a. commonality of Historically, copyright deposits have reflected problems. the interests and concerns of the period in which The alignment of personnel during the 1978 they are submitted, and 1979 was no exception. reorganization of the Cataloging Division had been ~mon~musical works examined were those en- based on projections of the amount of work to be titled "Gas Guzzler's Lament," "Daydreams of a received in various classes under the new law. Night Jogger," and "Nuclear Power Plants." Following an initial period when incoming work Posters continued to be high among submissions of was transferred from overburdened sections to pictorial materials. Receipts tended to indicate a those with smaller workloads, statistics were trend away from prints applied to textiles and a available on which to base reassignments of per- current emphasis on woven patterns. The number sonnel. The size of the Audiovisual Section was of fine art prints submitted rose as more artists decreased with a concomitant increase in the size of sought registration for their works under the new the Serials Section. Workload and personnel law. Also of special interest was the registration of assignments are now in reasonable balance, and it claims to original and renewal copyright in a 1950 seems likely that any future changes will occur work entitled Ha-Mered by Israeli Prime Minister gradually over a longer period of time. Menachem Begin. The technical support staff completed the editing and preparation for the printer of the last volume in the third series of the Catalog of Copyright Entees (volume 31, part 1, no. 2, July- December 1977) and all parts of the catalog for the first half of calendar year 1978. The interval be- The accelerated production of the Examining Divi- tween registration and completion of copy for sion in its effort to reduce the backlog has placed printing has now been reduced to twelve months unusually heavy pressure upon the Cataloging maximum and is much shorter for many parts of Division. Despite computer problems that slowed the catalog. output in the first part of the year, the division The completion of cataloged entries appears to cataloged more than 450,000 items, an increase of have stabilized. The year-end backlog of forty 28 percent over the 351,000 items cataloged the thousand registrations exceeded the division's goal preceding year. Refinements in cataloging rules of ten thousand on hand by the equivalent of and practices were introduced, improvements were roughly a month's work. The volume of documents made in the Copyright Off~cePublication and In- received, a category not represented in the figurn REPORT OF THE REGISTER OF COPYWm, 1979 for total registrations, appears to be increasing at a the section conducted some twenty-two hundred growing rate. Most of the documents contain in- searches requested by telephone, assisted over nine formation about transfer or termination of literary hundred visitors, and responded to a wide variety property rights, and there is a need for users of the of telephone inquiries not requiring searches. Copyright Card Catalog to have access to this infor- mation as rapidly as possible. Documents were therefore cataloged on a priority basis, and by the end of the year the division had processed all but Fiscal 1979 was a constructive year for the Records the most recent handful of the twenty-six thousand Management Division. Toward the end of the year, documents received during the year. This currency currency was achieved in the production of cer- in cataloging of documents was possible only by tificates and in the filing of the numbered applica- the transfer of staff from other sections. tions and deposits, as well as in the filing of catalog cards. The establishment of the Certificate Production Information and Reference Senlca Unit in the Records Storage Section facilitated the issuance of certificates, and a total of 459,420 were Activity in all sections of the Information and issued during the year. Staff of the Records Main- Reference Division was intense throughout the year tenance Unit of this section filed 482,620 applica- as the volume of work increased. tions, and the Deposit Copies Storage Unit filed The Information and Publications Section again 385,157 new items deposited for registration. Some had a record-breaking year. More than sixty-four 530 cubic feet of records were transferred to the hundred visitors came to the Public Information Washington National Records Center in Suitland, Office for information or assistance, an increase of Maryland, leaving 50,910 cubic feet of deposits in more than one thousand over fiscal 1978. Incoming the storage facility at the Library's Pickett Stnet telephone inquiries totaled over ninety-two thou- Annex in Alexandria, Virginia. Installation of a sand, a rise of thirty thousand over last year's terminal for electronic posting of storage data figure. Some fifty-four thousand individual letters speeded this process, and introduction of a new were written to explain various sections of the new system for calling out and returning deposits made law or to advise the public on Copyright Office the procedure more orderly and provided more ac- policies and procedures. Congressional inquiries curate records of deposits charged out or trans- handled by the division numbered nearly a thou- ferred. sand. The Card Catalog Section experienced an es- Interest in the new copyright law remained high, pecially heavy increase during the latter part of the as evidenced by the continuing pressure of requests year in the number of cards received for filing. The for speakers from the Copyright Office to address Filing and Revising Unit filed 1,755,769 cards, in- professional conferences and seminars, especially cluding 1,680.01 1 filed in the 1978-to-date catalog on subjects relating to the activities of the office. As and 43,395 in the 1971-77 file. The increased flow many engagements as possible were scheduled, with of cards necessitated an expansion of both of the speakers from the office of the Register, the two segments of the Copyright Card Catalog, and ofice of the general counsel, the Examining Divi- by the end of the year 1.1 10 hours had been ex- sion, and especially the lnformatioc and Reference pended in revising and expanding the catalog. The Division. Requests to the Certifications and subscriber program, which provides cards to Documents Section for additional certificates and organizations such as the performing rights for copies of copyright deposits were also heavy. societies, was able to remain current; a total of Reorganization of the Reference Search Section 2,136,449 cards were processed for this program. into the Copyright Reference and Bibliography In the Preservation Section, work continued on Section, resulting from a long and comprehensive the filming of early drama deposits, Patent Office study, was finished by the end of the fiscal year, prints and labels transferred to the Copyright Of- and completion of a new organizational manual fice in 1940, and other records. During the year, was a welcome result of this challenging and ar- 214 reels of dramas deposited from 1901 to 1944 duous task. In addition to responding to written were microfilmed, as were 48 reels of materials seuch requests involving more than 125,000 titles, transferred from the Patent Ofice. REPORT OF THE REGISTER OF COPYRIGHTS, 1979 A particularly significant event occurring near new law. Notification was carried out by seeking the end of the fiscal year was the final processing of from the governments of some five hundred microfilm records covering the last material under American cities copies of public listings of jukebox the original microfilm project begun in 1968. The operators doing business in those cities and send- Copyright Office now has a record on microfilm of ing appropriate forms to operators on these lists all copyright registrations from 1790 through 1975: who had not previously filed for licenses. It is The total microfilm record, on 16- and 35- believed that this campaign will considerably in- millimeter film, comprises approximately twenty crease the number of licensed boxes. million frames and is stored at the Federal Records In conjunction with the Library's Automated Center in Denver, Colorado. Now that this filming Systems Oftice and Cataloging Distribution Serv- for security purposes is completed, the Preserva- ice, the Licensing Division announced the publica- tion Section is developing a long-range preserva- tion and availability, on a fee basis, of the Jukebox tion plan that will set priorities for the next decade. Licensing File for 1978 and 1979. This computer Emphasis will be on preserving deposits, filming printout provides a list of over three thousand other related records, and determining new jukebox operators who have boxes for which com- possibilities for space conservation. pulsory licenses were obtained. Jukebox applications for 1979 were again proc- essed by the automated batch method. Work on the conversion of the batch system to an on-line system using cathode ray tube terminals has pro- The new Licensing Division, established in 1978, gressed during the year, and the technique is gained practical experience in this first full year of scheduled to be operational in 1980. A financial dealing with the two compulsory licenses for which statement of jukebox royalty fees for calendar year it has substantial responsibility under the new 1979 is included in the tables at the end of this copyright statute: secondary transmissions by cable report. television and public performances on coin- Cable activity also brought new pressures in operated phonorecord players (popularly termed fiscal 1979. The 7,552 statements of account "jukeboxes"). The experience that developed as received for 1978 had to be examined in depth. By the year progressed enabled the division to con- the end of the year, this had been completed except clude the year with the entire elimination of the for approximately 500 that presented special prob- backlog of jukebox applications awaiting action at lems. The examination process revealed issues that the end of fiscal 1978. With the addition of a few required correspondence with over one-third of the indefinite and part-time staff members, the divi- 3,787 cable operators. sion was able to process almost all incoming Under the statute, after the fust day of August jukebox applications for calendar year 1979 within each year the Copyright Royalty Tribunal, which the twenty-day statutory limitation, to examine for has responsibility for the distribution of these legal acceptability all of the documents necessary royalties under the copyright law, determines for cable systems to maintain their compulsory whether a controversy exists concerning the dis- licenses, and to deposit and authorize investment tribution of the cable royalty fees. On the basis of of approximately one million dollars in jukebox hearings held on September 6, 1979, the tribunal I receipts and over twelve million dollars received declared that a controversy existed. The Licensing from cable television operators. Division, in anticipation of such a declaration, had Jukebox licensing has decreased slightly. By the already arranged for the reinvestment of end of fiscal 1978 a total of 138,458 machines had $13,108,621.06 on September 1, 1979, so that been licensed, compared to 129,677 having current royalties could continue to earn interest for the licenses at the end of fiscal 1979. Indeed, licensed copytight ownen without interruption until final machines represent only about one-third of the distribution by the tribunal. A financial statement jukeboxes estimated to be operating in the United of cable television royalty fees for the first and sec- States and subject to the compulsory liceqsing pro- ond accounting periods in calendar 1978 appears visions. In view of this situation, the Licensing in the tables at the end of this report. Division launched a program to inform those During the year the chief of the Licensing Divi- jukebox operators who may not be aware of the sion spoke at the annual convention of the Amuse- REPORT OF THE REGISTER OF COPYRIGHTS, 1979 ment and Music Operators Association and at the ing entered in the CMS system. Cases are entered convention of the National Cable Television when a letter to the applicant has been drafted in Association. As necessary, meetings on cable mat- the Examining Division and are then tracked ters were held with officials of the Federal Com- throughout the remainder of the process by the use munications Commission and with representatives of bar-code labels and wand readers. The status of of performing rights societies and other interested any correspondence case can be immediately deter- groups. Staff members of the division attended all mined through the use of video terminals. Through hearings called by the Copyright Royalty Tribunal use of the system, efficiency in searching and proc- and worked closely with the chairman of the essing claims involving correspondence has greatly tribunal in reinvesting the cable royalty fees. improved. During the year the Planning and Among the documents developed by the division Technical Office trained more than two hundred during the year were the new Form JB/R for renew- staff members in the operation of the new system. ing jukebox compulsory licenses, a circular In addition to providing immediate information on describing the functions of the Licensing Division, the status of individual cases pending in the office, and a circular on the subject of corrected cer- the CMS system has proved to be helpful in alerting tificates for jukeboxes. All statements of account staff to workflow problems. were photocopied as they were received in the divi- Equipment was added as the automated system sion and filed in the Public Access File for im- developed. Fiscal 1979 began with five COINS ter- mediate use by copyright owners and othei minals accessing to dedicated minicomputers; the members of the public. A separate file of the first year closed with fifteen terminals in use throughout page of the statements was also established to aid the Copyright Office. As CMS expands to include in determining whether or not a cable system has correspondence cases beyond the Examining Divi- filed its statement of account. sion, more terminals will be installed. Since salaries and operating expenses for the At the conclusion of the fiscal year, the Planning Licensing Division are required by law to be paid and Technical -ce was preparing specifications from the compulsory license royalty fees received for phase 3 of COINS-the phase that will give full from jukebox and cable television operators, automated control over all in-process and fiscal ac- meticulous records were maintained to indicate the tivities of the Copyright Office. This phase will in- precise amount of time involved in performance of volve the placing of bar-code labels on every ap- these functions. plication shortly after it is received in the office, together with input of all accounting data. Improvements in the COPICS 11 system were also undertaken during the year, with the objective of Application of automated techniques to copyright speeding cataloging production. During the first processes continued to bring economies and ac- half of the fiscal year, problems with existing pro- celerated production in several areas. Mention has grams were causing slow response time, excessive already been made in this report of the automated computer down time, and a loss of information cataloging system (COPICS) and automated pro- which affected all cataloging operations. The loss cedures for processing jukebox applications in the was most troublesome in serial recording, in- Licensing Division. Earlier annual reports have asmuch as computer system failures obliterated not described the comprehensive Copyright Office In- only the data for the periodical issue in process at Process System (COINS). Phase 1 of COINS involved the time of the failure but all other issue lines automation of deposit accounts and was completed entered for a particular title during the current six- in fiscal year 1978. This year phase 2 became month period. As an initial expedient, copies of operational-a correspondence management sys- registrations for newspaper issues were made and tem (CMS) that completely tracks all cor- retained as a safeguard for possible computer respondence throughout the time the cases are losses. Later, it was decided to record newspaper pending. Using carefully developed procedures, issues manually on check-in sheets and input these the Planning and Technical Office introduced CMS data into the computer on weekends when the com- to the individual sections of the Examining Divi- puter system would be under less pressure. Losses sion, and as fiscal 1979 ended, every new corre- of data also occurred in multiple-title documents, spondence case in the Examining Division was be- some of which contain as many as four thousand REPORT OF THE RJi(;ISTER OF COPYRIGHTS, 1979 9 titles. The correction of computer program prob- storage, access, and preservation and, when ap- lems by midyear was reflected in increases in propriate, is expected to recommend an implemen- cataloging production during the second half of tation plan. Mary Lyle, program analyst in the fiscal 19'79. At year's end the Cataloging Division Planning and Technical Office, and Ann Hallstein, had begun to experiment with an automated log-in chief of the Records Management Division, were system designed to replace the present manual named to represent the Copyright Office on this system, thereby freeing clerical time for application committee. to a variety of other pressing tasks. The Copyright Office has welcomed this interest Working in cooperation with the Automated in the Copyright Deposit Collection, since preser- Systems Office, the Planning and Technical Office vation of such deposits for future use is an impor- also outlined the first operational phase of a com- tant means "to promote the Progress of Science puter system to provide automated retrieval from and useful Arts," the ultimate constitutional objec- the copyright catalog data base. This system, tive of the copyright system. The office has long scheduled to become operational in 1980, will allow recognized that preservation of the deposit collec- computer access by video terminals to all copyright tion promotes the purposes of the copyright sys- catalog entries made after January 1, 1978. Even- tem, since availability of registered works assists tually the system will completely replace the the orderly resolution of potential controversies and Copyright Card Catalog for new-law registrations. production of certified copies of these works pro- The initial retrieval system will provide access by motes justice in copyright litigation by providing author, title, claimant, parties to a document, and certainty and precision in the identification of the registration and document number, together with works in controversy. But beyond these con- international standard serial and book numbers. siderations is the important fact that the deposits In addition, a user will be able to refine a represent an enormous wealth of untapped re- monograph search by limiting records to categories sources for serious research and study of American by copyright class, publication status, retrieval popular culture and, after copyright has expired, a code, physical description, and dates of creation, public domain of material free for any and all to publication, or registration. The system will have a use for the enrichment of the intellectual life of the browse function, direct term retrieval, Boolean nation. logic capability, and various other convenience features.

In the interest of achieving new economies COOPERATION WlTH OTHER DEPARTMENTS throughout the Library, the Copyright Office col- OF THE LIBRARY laborated with other units of the Library of Con- gress in the search for new avenues of approach to old problems and new or modified formulas for dealing with the inevitable growth of research materials and the increasing service demands ac- In recognition of the rich source of Americana I companying this growth. For example, the Library represented by the Copyright Office's collection of has increased its dependence upon the copyright copyright deposit copies, the Library of Congress deposits in order to relieve part of the deficiencies established, on June 1, 1979, an Advisory Commit- caused by rising prices of serial subscriptions and tee on the Expanded Use of the Copyright Deposit reduced acquisitions allotments. Collection. This body, which reports to the Sensitive to this situation, the Copyright Office Librarian and Deputy Librarian, is studying the has looked critically at its own programs, examin- feasibility and desirability of making the copyright ing them from the point of view of how they might collection an integral and more accessible part of increase their contributions to the goals and func- the Library's holdings. The committee is tions of the Library of Congress and how both the establishing goals and guidelines for review of the Library and the Copyright Office might benefit Copyright Deposit Collection, considering such from closer cooperation or the merging of some factors as types of materials, selection, cataloging, related activities. REPORT OF THE REGISTER OF COPYRIGHTS, 1979 At the request of the Offlce of the Librarian, a received in response to the interim regulations, the cooperative study was undertaken to discover ways Register adopted amendments to those regulations in which the processing of serial publications in the at the beginning of fiscal 1979 and announced a Library and the treatment of serial deposits in the public hearing to be held on November 28 and 29, Copyright Offlce might be merged. One segment of 1978, to take testimony on the interim regulations this study was concerned with the feasibility of cen- as amended. After extensive consideration of the tralizing the processing; registration, and catalog- testimony and public comments, tentative conclu- ing of serial publications received in the Copyright sions were reached on the principal points in issue. Off~ceand the possibility of the COPICS data base These conclusions are described and discussed in serving as a record for serial receipts in the Library. some detail in a background paper that will form The Copyright Office Planning and Technical Of- the basis for informal discussions to be held early fice assigned staff to work with the Library's in fiscal 1980. Although the proposed regulations Planning Office on a detailed examination of the deal with a number of matters under section 115, myriad problems involved in a prospective coor- the main point of contention between the copyright dinated serials activity. owners of the musical works recorded and the Cooperative endeavors. in automated controls recording interests is the interpretation of the word over the Library's and the Copyright Office's distributed as used in the clause specifying that the catalogs have already been mentioned. A statutory royalty shall be payable "for every Copyright-Processing work group was organized phonorecord made and distributed in accordance early in 1979 to define requirements for access with the license," particularly in connection with from COPICS 11 to certain catalog records in the the practice in the record industry of providing Library's processing apparatus. Copyright staff phonorecords to wholesalers and retailers with the have also been active in the Library's planning for privilege of returning unsold stock for credit or ex- future retrieval systems and the eventual closing of change. the Library's principal card catalog. Section 302 of the new law provides, as the general rule, that the term of copyright protection COPYRIGHT OFFICE REGULATIONS shall be "the life of the author and 50 years after the author's death" but specifies in the case of The copyright law expressly requires or authorizes anonymous or pseudonymous works that the term the Register of Copyrights to implement general shall be 75 years from the year of first publication statutory provisions with detailed regulations on or 100 years from the year of creation of the work, specific points. Section 702 of the law affords the whichever expires first. This section also estab- Register general authority with respect to "the ad- lishes a procedure for revealing in the records of ministration of the functions and duties made the the Copyright Office the identity of the author of responsibility of the'Register under this title." Sec- an anonymous or pseudonymous work, so that the tion 701(d) makes all actions taken by the Register period of protection for such a work will be the life- (except those involving reproduction of copyright plus30 term. At the end of the fiscal year the deposit copies) subject to the Administrative Pro- Copyright Office had requested public comments cedure Act. on a proposed regulation implementing this A considerable portion of the regulatory activity statutory provision. 1 during fiscal 1979 was devoted to the regulation The new law provides, in section 410, that the implementing section 115, which provides for a Register shall determine whether or not the compulsory license for making and distributing material deposited for registration constitutes phonorecords of nondramatic musical works. This "copyrightable subject matter" and, if it does not, license permits the use of such works without the shall refuse registration. Near the end of the fiscal permission of the copyright owner thereof if certain year the Register announced that a public hearing conditions are met and the statutory royalties would be held on October 10,1979, for the purpose paid. Section 115 directs the Register to issue of eliciting comments, views, and information to regulations governing the content and filing of cer- assist in drafting regulations governing policies and tain notices and statements of account required practices relating to the registration of the graphic under the section. Interim regulations were issued elements involved in the design of books and other in fiscal 1978. After considering public comments printed publications. REPORT OF THE REGISTER OF COPYRIGHTS. 1979 11

SPECIAL PROJEXX3 the responsibility assigned to the Register in sec- tion 108(i). The committee, whose membership is representative of all the interests involved, met on Committee to Negotlale Gl~ldelhnrfor Off-tbeAlr December 19, 1978, and April 5, 1979, and is to Vldeotsplng for Edu~~Urn meet again on October 25 and 26, 1979. An inter- nal Copyright Office planning group has met fre- The prickly problem of defining guidelines for the quently throughout the year, under the guidance of use of copyrighted materials in the classroom Mr. Bender. through off-the-air taping by educational institu- Attention has been directed toward defining the tions continued to be the subject of special atten- most pervasive and controversial problems ex- tion. On March 2, 1979, a conference on off-the-air perienced in the application of the new law to the taping for educational purposes was held under the reproduction of copyrighted materials. A survey of auspices of the House Judiciary Subcommittee on existing literature on earlier photocopying studies Courts, Civil Liberties, and the Administration of was undertaken in order to avoid duplication of ef- Justice. To help resolve the differences among the fort. various interests, Robert W. Kastenmeier, the sub- As the year ended, plans were being made to committee chairman, invited eighteen represen- hold a series of regional hearings, the first sched- tatives of concerned groups to serve as an ad hoc uled for January 1980 in conjunction with the committee to propose guidelines on fair use for American Library Association's midwinter meeting broadcast audiovisual works. Bruce A. Lehman, in Chicago. the subcommittee counsel, and Ivan Bender, con- sultant to the Copyright Office, were designated as monitors for the work of the ad hoc group. LEGISLATIVE DEVELOPMENTS The committee met on April 27, May 23, July 18, and September 12; and monthly sessions are Despite enactment of omnibus copyright nvision scheduled for the remainder of calendar 1979. legislation in 1976, substantial congressional ac- While the complexity of the issues prevents any tivity in the copyright field continued duringfiscal easy solution to some of the differences in view, a 1979. While several proposals involved matters spirit of cooperation and desire to find reasonable that might be considered part of the unfmished compromises have been evident in the delibera- business of copyright revision, others reflect new tions. The committee will report to the subcommit- concerns. tee early in 1980.

Perfol~~lceRoydty for Smd Recodlap Section 108(1) Addmy CommlLtsc The scope of rights in sound recordings was a ma- Section 108(i) of the new law provides that "Five jor topic of consideration in both houses of Con- years from the effective date of this Act, and at gress during the last phase of the general revision five-year intervals thereafter, the Register of effort. Attention focused on proposals establishing Copyrights, after consulting with representatives of a limited performance right in the form of a com- authors, book and periodical publishers, and other pulsory license, with payments to performers and owners of copyrighted materials, and with repre- producers of copyrighted sound recordings. Con- sentatives of library users and librarians, shall sub- gress decided, however, that the problem required mit to the Congress a report setting forth the extent further study, and section 114(d) of the revised to which this section has achieved the intended statute directed the Register of Copyrights to sub- statutory balancing of the rights of creators, and mit a report to Congress. The Copyright Office the needs of users." The Register began this con- submitted its basic "Report on Performance Rights sultation in 1978, first in separate meetings with in Sound Recordings" to Congress on January 3, representatives of the library and user communities 1978, followed by several addenda to the report, in- and representatives of copyright proprietors and cluding a draft bill to create a public performance authors. Subsequently an advisory committee was right for copyrighted sound recordings. The House formed to assist the Copyright in fulfilling Judiciary Subcommittee on Courts, Civil Liberties, REPORT OF THE REGISTER OF COPYRIGHTS, 1979 and the Administration of Justice then held public A design bill was reported as title I1 of thegeneral hearings in March and May of 1978. copyright revision bill, S. 22, 94th Congress, 1st Congressional momentum toward performance Session, and passed by the Senate in 1975. Ulti- rights legislation for sound recordings continued in mately, ,however, the design provisions were the first session of the 96th Congress. Rep. George deleted before passage of the final conference ver- E. Danielson introduced two bills, H.R. 237 (1979) sion of the revision bill, since the unresolved issues and H.R. 997 (1979). to amend the copyright law they raised might have caused further delay in ac- to create a public performance right with respect to ceptance of basic copyright reform. sound recordings. H.R. 237, which is identical to Congressional interest in design legislation has H.R. 6063 (1977), introduced by Representative been rekindled with the introduction of two bills, Danielson in the first session of the 95th Congress, H.R. 2706, 96th Congress, 1st Session (1979), and would amend section 114 of the law to provide for a H.R. 4530, 96th Congress, 1st Session (1979), by compulsory license for the performance of sound Rep. Tom Railsback. recordings and a schedule of royalty payments to be made by radio stations, background music serv- ices, operators of jukeboxes, and other commercial users of sound recordings. These nonassignable royalties would be distributed annually by the A bill to create an American version of the Euro- Register of Copyrights. Controversies over distribu- pean concept of the "droit moral," H.R. 288,96th tion would be resolved by the Copyright Royalty Congress, 1st Session (1979). was introduced by Tribunal. Following-with some changes-the Rep. Robert F. Drinan. This bill, which is identical draft bill submitted by the Register to the House to Representative Drinan's earlier proposal, H.R. Judiciary Subcommittee in March 1978, H.R. 997 8261, 95th Congress, 1st Session (1977), reflects would amend section 101 of the copyright law by the growing concern among artists and their deleting the definition of perform and inserting, in representatives over the protection of the moral part, ". . . in the case of a sound recording, to rights in their works. The purpose of the bill is to 'perform' the work means to make audible the secure the rights of artists to claim authorship of a sounds of which it consists." This bill also provides work of fine art and to prevent its distortion, a compulsory license for the public performance of mutilation, alteration, or destruction. The legisla- sound recordings. Unlike H.R. 237, however, the tion also seeks to protect the honor and reputation nonassignable royalties collected under this bill of the artist in relation to his works. would be distributed annually by the Copyright Concern for the rights of artists has also been Royalty Tribunal rather than by the Register of evidenced in state legislatures. The Senate of the Copyrights. An identical bill, S. 1552, 96th Con- State of Washington is considering Senate Bill No. gress, 1st Session (1979). introduced by Sens. Har- 3012 (1979), which is similar to H.R. 288, men- rison A. Williams, Jr., Howard H. Baker, Jr., Bill tioned above. Also, the Iowa legislature is consider- . Bradley, Alan Cranston, Jacob K. Javits, Howard ing a proposal, H.F. 340 (1979), to afford greater M. Metzenbaum, and Paul S. Sarbanes, has been rights to artists, based on the concept of the "droit referred to the Senate Committee on the Judiciary. de suite." Under the proposal, whenever a work of visual art is sold in Iowa, or is sold by an Iowa resi- dent. for more than five hundred dollars and the selling price exceeds the seller's earlier purchase price, a royalty of 5 percent of the selling price would be paid to the artist. Another aspect of unfinished copyright revision business concerns proposed legislation for the pro- tection of onamental designs of useful articles, Rotedon for Imprln&d Dalg~~Pattenu based largely on copyright principles. The current on Semicond~etorCblp effort to enact such a bill began with the introduc- tion of a design protection measure in 1957. Design Efforts to combat copying in the burgeoning bills have been introduced regularly since that semiconductor chip industry led to the introduc- time. tion of H.R. 14293, 95th Congress, 2d Session REPORT OF THE REGISTER OF COPYRIGHIS, 1979 (1978), by Reps. Don Edwards, Norman Y. educational institutions, from copyright liability Mineta, and Paul N. McCloskey, Jr. The bill would for certain performances or displays of copyrighted amend section 101 of the copyright law by expand- works by instructors or pupils in the course of face- ing the definition of "pictorial, graphic, and to-face teaching activities. Another bill, H.R. sculptural works" to include: 5183, 96th Congress, 1st Session (1979). intro- duced by Rep. David R. Bowen, also would . . . the photographic masks used to imprint patterns on in- provide that certain performances and displays by tegrated circuit chips and include the imprinted patterns profit-making educational institutions are not in- themselves even though they are used in connection with the fringements of the exclusive rights of copyright manufacture of, or incorporated in ii useful article. owners. The bill was reintroduced in the first session of the 96th Congress as H.R. 1007 (1979). The %use Judiciary Subcommittee on Courts, Civil Liberties, The question of copyright liability of cable systems and the Administration of Justice conducted a for the retransmission of copyrighted programming public hearing on the subject on April 16, 1979, in proved to be the single most difficult issue in the San Jose, California. Jon A. Baumgarten, general general revision of the copyright law. The solutions counsel of the Copyright Offlce at the time, reached in section 111 of the new statute were testified on behalf of the Register of Copyrights based on a number of underlying assumptions that "Congress may well conclude that the deriving from existing regulations of the Federal 'photographic masks' and 'imprinted patterns' Communications Commission. covered by H.R. 1007 are 'writings of an author' in Section 111 of the copyright law 'created a com- the constitutional sense, and 'original works of pulsory license under which cable systems may authorship' that it may choose to protect under the make certain secondary transmissions authorized copyright act." However, Mr. Baumgarten asked by the commission without the copyright owners' the subcommittee to consider a number of ques- consent, so long as notices of identity and tions concerning the degree of authofship statements of account are filed with and statutory represented by the designer's labors, the relation- royalties are paid to the Copyright Office. During ship among the schematic drawings, imprinted the year the effective operation of section 111 was chip patterns, and computer programs either thrown into doubt by the introduction of a bill for stored in or generated by the chip, and possible the omnibus revision of the Communications Act of limitations that may be placed on the scope and 1934, H.R. 3333, 96th Congress, 1st Session duration of protection. The fiscal year closed (1979), by Reps. Lionel Van Deerlin. James M. without further activity on the bill. Collins, and James T. Broyhill. In addition to abolishing the Federal Communications Commis- sion, the bill would also prohibit, in title IV thereof, all federal regulation of cable television, including signal carriage and pay services. Further- more, section 453(a) of the bill would prohibit the Several bills were introduced in the House seeking retransmission or rebroadcast of a program with- to broaden two exemptions found in section 110 of out the express authority of the originating station the copyright law. Introduced by Rep. William H. or the person who owns or controls the exclusive Harsha, H.R. 2487, 96th Congress, 1st Session rights to the program involved. Barbara Ringer, (19791, would amend section 110 by adding a new the Register of Copyrights, focused on this con- subsection which would exempt nonprofit veterans troversial provision in her testimony before the organizations from performance royalties for the House Interstate and Foreign Commerce Subcom- performance of musical works in the course of their mittee on Communications on June 28, 1979. She activities. Expansion of the educational exemption opposed the "retransmission or program consent" found in section 110(1) of the law was the subject of proposal for four fundamental and interrelated H.R. 4264, 96th Congress, 1st Session (19791, in- reasons: troduced by Rep. Brian J. Donnelly. This proposal would exempt profit-making educational institu- o The provision would not work as it is intended to tions, in addition to currently exempted nonprofit work. REPORT .OF THE REGISTER OF COPYRIGHTS, 1979 o The need for the provision has not been shown. Several bills were introduced in Congress pro- posing tax incentives for the arts and humanities. o Even if some change is needed, the provision Among these, H.R. 1847, 96th Congress, 1st Ses- goes too far. sion (1979), introduced by Rep. Jack Edwards, modifies the restrictions contained in 170(e) of the o If enacted, the provisions would undermine the Internal Revenue Code by adding a new paragraph existing copyright law. . to make "any literary, musical, or artistic composi- tions, or similar property created by the personal During the mark-up sessions, Rep. Van Deerlin efforts of the taxpayer (free from reduction) by the decided to abandon his efforts to secure passage of amount of appreciation of such property, and the H.R. 3333. Two bills have also been introduced in whole amount of such charitable contributions shall the Senate to amend the Communications Act of be taken into account and be treated as if the prop- 1934: S. 61 1.96th Congress, 1st Session (1979), in- erty had been sold at its fair market value." The troduced by Sen. Ernest F. Hollings, and S. 622, Arts and Humanities Tax Reform Act of 1979, 96th Congress, 1st Session (1979), introduced by H.R. 2113, 96th Congress, 1st Session (1979), Sen. Barry Goldwater. Neither bill includes a pro- introduced by Rep. S. William Green, would vision requiring cable systems to obtain retransmis- amend the Internal Revenue Code to disregard, in sion or program consent for their secondary trans- the valuation for estate tax purposes of certain mission activity. items created by the decedent during his or her life, In related regulatory developments, the obtain- any amount which would have been ordinary in- ing of retransmission or program consent by cable come if the item had been sold by the decedent at systems was also suggested by the National its fair market value. The proposal would also Telecommunications and Information Administra- allow a charitable deduction based on the fair tion (NTIA)of the Department of Commerce in a market value of the item. Similarly, H.R. 2498, petition before the Federal Communications Com- 96th Congress, 1st Session (1979), introduced by mission. Despite their denial of the NTIA proposal, Reps. Abner 1. Mikva and William M. Brodhead, the commission is inviting comments on "all would add a special rule to the Internal Revenue aspects of retransmission consent including details Code for certain charitable contributions of of how it might work," as well as comments "on literary, musical, or artistic compositions, or sim- pretransmission notification and any other way to ilar property created by the personal efforts of the allow the market process to work with the least taxpayer. These contributions would be subject to amount of intervention." Furthermore, the com- the fair market value at the time of contribution, mission is proposing the deletion from its regula- and no reduction in this amount would be made. tions of all restrictions placed on cable systems However, certain contributions by public officials which either limit the number of distant signals that were written, prepared, or produced by or for which may be secondarily transmitted or require them during the performance of their duties while the blacking out of certain syndicated programs officers or employees of the United States would camed on distant signals. not be included. A bill introduced by Sens. Jacob The House Communications Subcommittee also K. Javits and Hamson A. Williams, Jr., S. 1078, considered H.R. 3179, 96th Congress, 1st Session 96th Congress, 1st Session (1979), has components (1979), introduced by Rep. Tom Corcoran. This dealing with estate taxes, charitable contributions, proposal would add a new section 331(a) to part 1 the "hobby loss" rule, and the elimination of a of title I11 of the Communications Act of 1934, so as problem created by the cany-over basis provisions to establish certain requirements for the televising of the Tax Reform Act of 1976. This proposal of professional sports clubs' games. Under this would, among other things, restore the earlier "antiblackout" proposal, if any game of a profes- capital gains treatment for copyrights. Finally, a sional sports club is to be broadcast by means of bill introduced by Sen. Daniel P. Moynihan, S. television pursuant to a league television contract, 397, 96th Congress, 1st Session (1979), would no agreement which would prevent the broadcast- amend the Internal Revenue Code to recognize and ing by means of television of that game, at the same define theatrical production organizations, to allow time, in the area in which the game is being played cost recovery accounting for such organizations, to would be valid or have any force or effect. permit the investment tax credit for theatrical pro- REPORT OF THE REGISTER OF COPYRIGHTS. 1979 duction costs, to provide for capital gains treat- tee) and the Berne Convention for the Protection of ment upon sale of certain theatrical production Literary and Artistic Works (the Beme Executive rights, to allow for a limited nonrecognition of gain Committee) was held February 5-9, 1979. The two realized or income derived by a theatrical produc- committees coordinated their agenda and held tion organization, and to provide for capital gains joint sessions as appropriate. The United States treatment for sales by authors of first theatrical was represented at this meeting by Barbara Ringer, production rights and the initial subsequent sale of the Register of Copyrights, and Jon A. Baum- ancillary rights. garten, the Copyright Ofice general counsel. The administration of public printing services Numerous topics were discussed, one of the most and the distribution of public documents were the important being the issue of United States subjects of H.R. 4572, 96th Congress, 1st Session adherence to the Berne Convention. (1979). This bill, introduced by Rep. Frank Thompson, Jr., and seventeen others, would revise title 44 of the United States Code. The stated pur- pose of the bill is to enact amendments necessitated by the technological advances which are changing The Berne Convention for the Protection of the way government information is generated, pro- Literary and Artistic Works was the world's first duced, and disseminated and by a growing demand major multilateral treaty on copyright, its earliest for improved and increased access to this informa- version being the convention signed at Berne, tion. In the Senate a similar bill, S. 1436, 96th Switzerland, in 1886. The convention, which pro- Congress, 1st Session (1979), was introduced by vides, in effect, that the countries to which it ap- Sen. Claiborne Pell. In a letter from the Librarian plies shall constitute the Berne Union, has been the of Congress to Representative Thompson, atten- subject of a number of revisions, the latest being tion was directed to certain copyright concerns that that signed at Paris in 1971. While this convention were implicit in the bill. It was suggested that the has, since its inception, fostered the establishment definition of "public documents" in the bill needed and maintenance of a high level of international clarification to avoid inconsistencies with copyright copyright protection among the developed coun- principles embodied in the Copyright Act of 1976 tries of the world, the United States has never and that there is also a need to clarify the status, adhered to it. under the bill, of the reorganized Government Although the reasons for the failure of the Printing with respect to its authority (or lack United States to adhere to the Berne Convention of authority) to claim copyright in works prepared are numerous and complex, the most important by its employees within the scope of their official factors have been the failure of the United States, duties. despite a number of efforts over the years, to amend its law in such a way as to eliminate or suffi- ciently alter certain formal conditions of protec- MTERNATIONAL ACTIVITIES tion, particularly the copyright notice and registra- tion. Fiscal year 1979 was a very lively one in interna- However, the fundamental changes reflected in tional copyright, both in domestic actions concern- the new U.S. copyright law, coupled with the ever- ing international matters and with respect to the growing importance of international trade and the activities of international organizations that deal increased transborder flow of copyrighted works, with copyright. have led to a renewed .and revitalized interest in U.S. membership in the Berne Union. The major practical questions appear to be: (1) how close does The 1979 Joht Meetlag of the 1ntergorcmment.l the new U.S. law come to meeting the minimal Copyrlgbt Commltbe .ad tbt Executlre Commltbe standards for eligibility to accede to the conven- of tbe Berue Unkn tion; and (2) how can any gap be bridged? At the February 1979 meeting of the Berne Ex- The first part of the biennial joint meeting of the ecutive Committee, these questions were addressed governing bodies of the Universal Copyright Con- in detail. The first proposed solution was put for- vention (the Intergovernmental Copyright Commit- ward by the Secretariat of the World Intellectual REPORT OF THE REGISTER OF COPYRIGHTS. 1979

Property Organization (WIPO), th2 organization their own authors. The Copyright Off~ceis involved responsible for administration of the convention. in these matten in several important ways, in- The proposal would involve adding to the wnven- cluding participation in the activities of the wrw tion a protocol which would permit the United Permanent Committee on Cooperation and De- States, or any other country that has never been a velopment and in various WIPO-UNESCO joint pro- Berne member, to accede to the convention for a grams concerned with copyright problems of &- limited period of time while work went forward to ~elopingnations. amend its domestic law in such a way as to permit The Copyright Office was represented by full membership. This proposal, intended to be Michael S. Keplinger, special legal assistant to the limited to the issue of formalities only, did not meet Register, at the Seminar on Copyright and with the approval of several members of the Ex- Neighboring Rights for Asian and Pacific States, ecutive Committee. The Register of Copyrights, as held December 19-23. 1978, in New Delhi. The the U.S. observer at the meeting, expressed the in- purpose of the meeting was twofold: to enable the terest and concern of the American copyright com- representatives of the developing nations of the munity, summarized the nation's international region to identify common problems, and to make copyright history, and suggested that the question it possible for those nations, together with interna- of how to enable the United States to accede to the tional organizations and other observer states, to Berne Convention be given further serious con- suggest possible solutions. The fundamental theme sideration by the Secretariat and by the members of the conference was to determine ways that the of the Berne Union. Following this statement, the copyright laws of the region could be strengthened proposal for a protocol was put aside, and the to curb piracy of books and sound recordings while Secretariat agreed to seek authorization to still ensuring that developing countries have access establish a working group to study the U.S. to educational and scientific material. copyright law and identify its points of incom- The fourth meeting of the wIPo Permanent patibility with the Berne Convention. This ap- Committee on Cooperation and Development, held proach was approved by the members of the Ex- in Dakar from March 12 to 16, 1979, was also at- ecutive Committee and will be presented at the tended by Mr. Keplinger. Half the program was forthcoming Triennial Meeting of the Assembly of devoted to patent law questions arising under the the Berne Union. Paris Convention for the Protection of Industrial In May 1979 Dr. Arpad Bogsch, director general Property and the other half to copyright. Major of wlw, visited the United States to ascertain the themes of the meeting included the need for better attitude of the various interest groups toward U.S. programs to train copyright personnel from the adherence to the Beme Convention. On the East developing countries and the desire that such pro- Coast Dr. Bogsch met with the International Copy- grams be particularly directed toward familiarizing right Advisory Panel of the U.S. Department of the trainees with the ways in which licenses for State, and on the West Coast he discussed the issue reproduction or translation can be negotiated with with prominent copyright attorneys and industry the publishers of developed countries. representatives. Both discussions iridicated a Another joint WIPO/UNESCO project of strong measure of support for Berne membership. significance for developing nations stemmed from earlier joint meetings of the Berne Executive Com- mittee and the lntergovernmental Copyright Com- mittee at which several developing nations had questioned the efficacy of the compulsory licensing As in other areas of legal, economic, and social systems established in the 1971 Paris revisions to policy, developing countries have particular needs the Berne and Universal Copyright Conventions. and interests with regard to domestic and interna- The extent of this concern, among both developed tional copyright law. They need to establish and developing nations, prompted the joint secre- copyright laws, as well as the infrastructure for tariats to undertake a study aimed at answering their enforcement and administration, and they questions as to how the 1971 compulsory licensing need access to the works of developed countries. provisions of the two conventions had worked in Moreover, they have legitimate concerns about the practice. To gather background information on the foreign copying of their folklore and the works of ways in which developed and developing nations REPORT OF TtU HEGISWP dealt with one an( .,, i~i,t~lrtingtranslation and Copyright Office during the year, including Majid reproduction t ~ghts, an extensive questionnaire Bhuiyan of the Copyright Office of Bangladesh, was submitted to the member states. Responses G.K. Abankwah of the Ministry of Education of from the United States and twenty-three other Ghana, S.L. Takkar of the Ministry of Social members were analyzed and summarized in a Education and Welfare in India, and three at- report circulated by the secretariats. The culmina- torneys from Iran - Manigheh Joorabchian, Laleh tion of this project was the Meeting of Experts on Mahjoby, and Abdollah Aghaie. Developing Country Access to Protected Works, held in Paris, July 2-6, 1979. The Copyright Office was represented at the meeting by Lewis I. Flacks Cabb Tdcrbloa and Michael S. Keplinger, special legal assistants to the Register. After a discussion of the responses The copyright questions associated with the to the questionnaire and the issues raised from the retransmission of television broadcast program- floor, the meeting adopted recommendations for ming by cable systems was one of the most intract- presentation to the joint meeting of the Berne Ex- able problems in the recent U.S. copyright revision ecutive Committee and the Intergovernmental effort. This same .problem, complicated by ques- Copyright Committee in October 1979. Reflecting tions of national sovereignty and international the fact that most of the problems faced by economics, continued to elude solution in interna- developing nations in gaining effective access to the tional copyright circles this past year. educational, scientific, and technical literature of During 1979, problems arising from the trans- developed nations are not strictly copyright prob- mission by cable of television programs remained lems but rather arise from the lack in many on the agenda of the joint sessions of the In- developing nations of the publishing infrastructure tergovernmental Cppyright Committee and the . and economic base needed to support a broad pro- Berne Executive Conimittee while the report of the gram, the recommendations emphasized practical Working Group on Television by Cable was cir- solutions that would enable the international culated for comment. The United States supplied organizations and the developed nations to aid the information on the U.S. experience in dealing with third world in building its own internal copyright cable television under the new copyright law and and publishing systems. suggested that the problems concerned with the regulation of cable be left to domestic legislation, consistent with the provisions of the international conventions.

During the fiscal year the United States continued to cooperate with both WlPO and UNESCO in pro- viding training for copyright officials of developing nations. The WIPO deputy director general, The Brussels Convention Relating to the Distribu- Madame K. Liguer-Laubhouet, visited the Copy- tion of Programme Carrying Signals Transmitted right Mice to seek increased United States sup- by Satellite (the Brussels Satellite Convention), port for WIPO's training efforts and to explain her signed in 1975, represents an attempt to control at views on the need for a more structured program the international level the phenomenon of "signal that would provide better training for those coming piracy," which is the misappropriation of program- to developed countries on fellowships. As a result carrying signals by terrestrial distributors. Because of the meeting, and in realization of the impor- the Satellite Convention does little more than tance of training in furthering international obligate its signatories to adopt measures, at the copyright cooperation, the Copyright Office agreed national level, necessary to suppress signal piracy, to seek support for a more extensive educational great interest in exploring the means of implement- program in both copyright law and in the ways in ing the convention has been expressed both in the which copyrighted works are licensed in a market United States and abroad. economy. The Committee of Governmental Experts on the Officials from several foreign copyright depart- Implementation of the Satellite Convention, which ments or offices received training in the U.S. met in Paris on June 11-14, 1979, with Mr. Flacks REPORT OF THE REGISTER OF COPYRIGm, 1979 representing the Copyright Office, adopted model members of the American Translators Association provisions for the guidance of national legislatures and the American Literary Translators Associa- in implementing the convention. Two sets of provi- tion) for comment. While the UNESCO material sions were agreed upon, the first creating a private shows that generally translations are afforded the right in the organization originating the satellite same protection as other derivative works, for prac- transmission and the'second establishing a public tical purposes this protection may be illusory owing system of protection with criminal sanctions. The to certain complex factors. The UNESCO recom- convention itself leaves member states virtually mendation is aimed at alleviating those conditions complete discretion in choosing a system of protec- that tend to place translators at a disadvantage in tion for satellite transmissions. business dealings with those using their services, by recognizing the professional status and cultural im- portance of translators in facilitating the interna- tional flow of information. In May 1979 wrpo and UNESCO convened a work- The responses thus far received by the Copyright ing group of nongovernmental experts to study mce from American publishers and other users problems relating to computer use of copyrighted of translations, as well as from individual works. Arthur J. Levine, former executive director translators, seem to indicate that this is an area of of the National Commission on New Technological significant concern to both parties. The Copyright Uses of Copyrighted Works (CONTO),was invited Office will use this information in formulating the by the wrpo Secretariat to attend in his private U.S. response to the UNESCO recommendation. capacity. The working group focused its attention on determining whether copyright liability attaches Other Interruthd AcChltler to the computer use of a work at input or output, how copyright would apply to computer data bases, Barbara Ringer, the Register of Copyrights, was and what the copyright status of works created by . . invited to give the Fiftieth Jubilee Lecture to the computer application should be. Royal Swedish Copyright Society on April 27, The working group, chaired by Dr. Eugen Ulmer, 1979, in Stockholm. As Ms. Ringer was unable to director emeritus of the Max Planck Institute for attend, the lecture was delivered by Mr. Keplinger. Foreign Patent, Trademark, and Unfair Competi- The topic was "The United States and Interna- tion Law in Munich, took the view that input of a tional Copyright." copyrighted work into a computer should be con- The Copyright Office was also invited to par- sidered a reprodudion of the work for which the ticipate in a Workshop on Transpacific Informa- authorization of the copyright owner would be re- tion Flow, sponsored by the International Com- quired. With respect' to output, the working group munications Agency and the Center for the Book in suggested that a printout would be a reproduction the LiBrary of Congress. The workshop was part of and that the projection of the work on a cathode an integrated program designed to expose ray tube unit would constitute a display or per- librarians from the Asian states to the oppor- formance of the work. On the basis of extensive tunities for establishing two-way exchanges of in- discussions of the use of computers in the creation formation through the printed word. Mr. Kep- of works, the working group expressed the opinion linger represented the office, delivering a paper en- that both the creator of the program and the per- titled "The Role of Copyright in the International son who used the program may have rights, in vary- Flow of ~nformation." ing degrees, in the work created. Michael R. Pew, assistant register of copyrights for automation and records, represented the office at the 1979 Annual Conference of the International Institute of Communications in London. At the The Copyright Wlce circulated UNESCO'S "Recom- conference a wide range of subjects of significant mendation on the Legal Protection of Translators influence on the future development of interna- and Translations and the Practical Means to Im- tional copyright were discussed, including the prove the Status of Translators" both to the issues of national sovereignty and individual general public (through publication in the Federal privacy involved in cable television and satellite Register) and to translators (by mailings to the broadcasting services. REPORT OF THE REGISTER OF COPYRIGHTS, 1979 is in the public domain because of the relationship of the U.S. government to its creation, an in- dustrial design, and the expiration of statutory The Copyright Office received a number of impor- copyright in a motion picture film based on a pro- tant foreign visitors during the year, two of whom tected underlying work-have all been the subject delivered lectures to members of the staff. Dr. of decisions before fiscal 1979. Do this year's cases Robert Dittrich, honorary professor at the Ministry yield the same results as their predecessors? The of Justice of Austria and a noted expert on the answer is the lawyer's stock in trade: it depends. rights of performers, gave an address on October After failing to obtain copyright protection 11, 1978, entitled "The Practical Application of through the legislative and judicial processes, a the Rome Convention of 1961 for the Protection of typeface proprietor nonetheless found a court Performers, Producers of Phonograms, and Broad- receptive to his unfair competition and misap- casting Organizations." A. A. Keyes, special ad- propriation claims in Leonard Storch Enterprises, viser to the Government of Canada and a leading Inc. v. Mergenthaler Linotype Co.. Copyright L. authority on the copyright law of that country, Rep. (CCH) '(25,092 (E.D.N.Y. April 5, 1979). spoke on the principal issues in the Canadian Storch manufactured and sold film fonts for use in copyright revision program on October 24, 1978. Mergenthaler's phototypesetting machine and was charged with misappropriating Mergenthaler's fonts, notwithstanding the fact that the characters JUDICIAL DEVELOPMENTS comprising the fonts were in the public domain. The court accepted Mergenthaler's argument that In fiscal 1979 courts had their first real oppor- state law protection against machine reproduction tunities to construe the Copyright Act of 1976 (title of public domain type fonts was not preempted by 17, U.S.C.), most of the provisions of which did the Copyright Act of 1909. (The parties stipulated not take effect until January 1, 1978. To be sure, that the 1976 act did not apply to the copying at many of the cases reported concerned the earlier issue). Citing Kewanee Oil Co. v. Bicron Corp., copyright law, but even there the courts often refer- 416 U.S. 470 (1974), Goldstein v. California, 412 red to the present law and its legislative history in U.S. 546 (1973), and International News Service v. reaching their decisions. In economic terms, the Associated Press, 248 U.S. 215 (1918), the court most important cases were probably Broadcast concluded that such federal objectives as encourag- Music, Inc. v. Columbia Broadcasting System. ing originality and promoting the disclosure of in- Inc.. 47 U.S.L.W. 4359 (1979), in which the formation did not conflict with Mergenthaler's United States Supreme Court held that blanket claim, which therefore survived Storch's motion to licenses for the public performance of musical dismiss. The court expressed no opinion about works were not per se violations of the antitrust whether Mergenthaler might prevail on the merits laws, and Universal City Studios, Inc. v. Sony or, of equal importance, what result would obtain Corp. of America. 448 P.T.C.J. D-1 (1979), in under the preemption provisions of the 1976 act, 17 which the U.S. District Court for the Central U.S.C. $301. A case in the same Circuit which does District of California held that off-the-air videotap- discuss those provisions, Ortho-0-Vision, Inc. v. ing of television in the home was not a copyright in- Home Box Ofice, Inc., Copyright L. Rep. (CCH) fringement. But many other cases raised and de- 125,093 (S.D.N.Y. June 27, 1979), suggests that cided issues of importance not only to their this type of misappropriation action might no litigants but to scholars, the bar, and the Copyright longer be available. Office as well. In many cases involving form contracts and the like, courts have stated that copyrightable works of minimal originality can be infringed only by vir- tually exact copying, but all such cases have in- However great the changes made by the general volved either uncopyrightable works or less than in- revision of the copyright law, the subject mat- culpatory copying and, thus, no infringement. The ter/scope cases for fiscal 1979 appear comfortingly first finding of infringement under this standard familiar to followers of past judicial developments was in Professional Systems & Supplies. Inc. v. -typeface, blank forms, an allegation that a work Databank Supplies & Equipment Co.. Inc.. Copy- REPORT OF THE REGISTER OF COPYRIGHTS, 1979

right L. Rep. (CCH) 125,081 (W.D. Okla. April Inc. v. Ringer. 591 F.2d 796 (D.C. Cir. 1978). cert. 24, 1979), in which the defendant, without plain- denied, 440 U.S. 908 (February 21, 1979), pet. for tiff s permission, took plaintiff s form, styled "pro- rehearing denied. 99 S.Ct. 2019 (April 16, 1979). , missory note, disclosure statement, and security The expiration of the term of copyright in a agreement," to a printer for reprinting. The copies derivative work is an event which at least twice has made were identical to plaintiffs, except for the led to litigation between persons seeking the free absence of a copyright notice in plaintiffs name. use of that work and persons claiming rights in the The court found that plaintiffs president has ex- work from which it is derived. Whatever the con- pended sufficient skill, labor, and flict between the holdings in Rohauer v. Killiam judgment in creating the forms to justify the Shows. Inc.. 551 F.2d 484 (2d Cir. 1977). and copyright claim and that defendant had infringed Filmvideo Releasing Corp. v. Hastings. 426 F. by reprinting and vending the forms. Supp. 690 (S.D.N.Y. 1976), it may be true that In Schnapper v. Foley, Copyright L. Rep. (CCH) derivative works which passed into the public do- 125,082 (D.D.C. June 8, 1979), the plaintiff main before January 1, 1978, and were derived sought to establish that a motion picture film com- from unpublished works protected by the common missioned by the Administrative Office of the U.S. law can be used, copied, or otherwise exploited Courts was not protected by copyright because it without regard to others' rights in the underlying was produced with taxpayers' money and, for good work. At least it is clear that Classic Film Museum. measure, that all such past, present, and future Inc. v. Warner Brcu., Inc., 597 F.2d 13 (1st Cir. copyrights be declared null and void. The Register 1979), held that the museum could lawfully copy of Copyrights was joined as a defendant inasmuch the film A Star Is Born, in which the first term of as part of the relief prayed for was the expunging copyright had expired, without permission from from the Copyright Oflice records of claims to Warner, which claimed common law copyright in copyright in any works created with U.S. govern- the unpublished screenplay. The court felt that to ment funds. The court examined 17 U.S.C. $105 hold otherwise would grant Warner control bver and its legislative history and held that copyright the film itself as long as the common law right in could be claimed in a work commissioned by the the screenplay existed. At the time of the alleged U.S. government unless the commission was a infringement, common law rights had not been "mere alternative" to having a federal' officer or preempted and were perpetual in theory. The court employee prepare the work as part of his or her of- did not consider the possible effect of the 1976 act, ficial duties. Since the agency here was not in the which now provides finite statutory copyright for business of making films, that proscription did not all works, whether published or not, including the apply. Plaintiffs arguments that such copyrights screenplay at issue in this case. Thus it is unclear foster censorship or violate the provisions of the what it is that courts will do in the future when con- First Amendment to the U.S. Constitution were fronted with similar facts, since the underlying also unavailing. The court noted that Congress had work in such cases will have a limited term. found that the absence of copyright led to a result similar to censorship since it made entrepeneurs unwilling to publish works commissioned by the government. The alleged tension between copy- right and the First Amendment was, according to the court, largely resolved by the familiar idea- The Copyright Act of 1976 appears to have led to expression analysis: the protection of the expres- an increase in litigation related to the public per- sion in no way impinges on anyone's freedom to formance of copyrighted works. That this has hap- speak or print the underlying idea. pened is hardly surprising, since the law now pro- The outdour lighting fixture created by Esquire. vides that jukeboxes and cable television systems Inc., remained beyond the scope of copyright as are vehicles for such performances. In addition, the Supreme Court twice declined to consider the several cases which turn on issues other than argument that the Copyright Office's interpreta- copyright may have great significance for owners tion of Mazer v. Stein, 347 U.S. 201 (1954), and transmitters of copyrighted works. The discriminated against works of applied modern art Supreme Court decided two of these cases: Broad- as opposed to more traditional works. Esquire, cast Music, Inc. v. Columbia Broadcasting System. REPORT OF THE REGISTER OF COPYRIGHTS, 1979 2 1

Inc., 47 U.S.L.W. 4359 (1979), and Federal Com- enues of the customer, kithout regard to the quan- munications Commission v. Midwest Video Corp., tity or quality of the use made, which he styled "a 47 U.S.L. W. 4335 (1979). classic example of economic discrimination." In BMI v. CBS the Court added a new chapter to In Midwest Video the Supreme Court an- a story which remains unfinished when it reversed nounced a decision which, while not directly the decision of the U.S. Court of Appeals for the related to copyright, was extremely significant for Second Circuit, which had held that the blanket entrepreneurs in the cable television industry. In licenses offered by BMIand the American Society of 1976 the Federal Communications Commission Composers, Authors and Publishers (ASCAP)were had ruled that cable sys;ems having at least thirty- forms of price fixing and thus per se violations of five hundred subscribers had to reserve certain federal antitrust laws. The practice of both per- channels for community access and also had to fur- forming rights societies has been to sell television nish equipment and facilities so that the public networks (and, indeed, all customers) the could take advantage of that access. A cable system unlimited right to perform all of the musical com- sued the FCC, arguing that such a rule exceeded the positions within the societies' repertoires. A FCC's statutory 'authority to regulate radio and customer's only alternative has been to seek a television broadcasting. The FCC argued that such license directly from individual copyright owners. rules created a "definite societal good" and that The Court did not, however, finally decide whether they promoted the long-standing objective of in- blanket licenses were lawful; it remanded the case creasing the outlets for local self-expression. to the Second Circuit so that it could determine The Eighth Circuit set aside the rules on the whether such licenses violate the "rule of reason." ground that they exceeded the FCC's jurisdiction, The Supreme Court acknowledged that BMI and and the Supreme Court affirmed, noting that the ASCAP do set the prices of their blanket licenses Communications Act of 1934 was unequivocal in but, unlike the Second Circuit, was unwilling to its requirement that broadcasters not be treated as call such behavior price fixing, particularly in view common camers and that the FCC could regulate of the fact that all three commercial television net- cable operators only when such regulation was works had obtained and used such licenses con- reasonably ancillary to broadcast regulation. The tinuously since 1946, that Congress had conceded Court was satisfied that access rules were unrelated the utility of copyright owners collectively claiming to broadcast regulation and that the proscription of their rights, and that, given the universe of common carriage applied to cable systems, whose thousands of owners, millions of works, and existence was, of course, not foreseen when the law thousands of users, something more than one-to- in question was enacted. one negotiations was necessary if performance The vigorous dissent of Justices Stevens, Bren- rights were to have any meaning. The Court ac- nan, and Marshall argued that stricter rules re- cepted the argument, contained in the amicus brief garding program origination had been upheld in of the Justice Department. that the market for the United States v. Midwest Video Corp., 406 U.S. product in question, the blanket license, was dif- 649 (1972). and that their "less onerous" re- ferent from the market for individually negotiated placements, at issue here, should also have surviv- permissions: "Here, the whole is truly greater than ed. The dissenters charged the majority with the sum of its parts; it is, to some extent, a dif- misreading the common carriage provisions. Ac- ferent product." cording to them, all that the law provided was that The decision was not an unqualified victory for a station should not be declared a common carrier BMIand ASCAP. Mr. Justice White, writing for the simply because it was a broadcast station. Given majority, took pains not to state the Court's belief, the FCC's apparent intent to deregulate cable televi- if any, concerning the ability of the blanket license sion to a great extent on its own, it may well be that to withstand scrutiny on remand and on possible Midwest Video's significance is not so much that it further review by the Supreme Court. Mr. Justice buries the public access rule but rather than it Stevens, dissenting, argued that the blanket license demonstrates that the Supreme Court is not im- was not a per se antitrust violation but felt that the mune to the deregulatory fervor which the other remand was not necessary. He stated that he would two branches of government have embraced. hold blanket licensing violative of the rule of reason A new agency's new regulation did withstand at- because the price was based upon the gross rev- tack in Amusement & Music Operators Ass'n. v. REPORT OF THE REGlSTER OF COPYRIGHTS, 1979

Copyright Royalty Tribunal, Copyright L. Rep. V. Ash. 422 U.S. 66 (1975). courts should reex- (CCH) 125,062 (D.D.C. February 22,1979). There amine whether any private right of action can be the trade association of jukebox operators sought judicially implied from the Communications Act. to enjoin the enforcement of a regulation of the It thus seems possible that even if he had found Copyright Royalty Tribunal (CRT)which required that HBO'S transmissions were not broadcasts and that operators file lists of box locations with the were within the scope ofS605, HBO would not have tribunal. The association argued that certain had standing to obtain an injunction under the privacy and liberty rights under the Fifth Amend- Communications Act. ment to the U.S. Constitution were violated and Home Box Ofltice also sought relief under both that such lists were entitled to protection as trade the common law of unfair competition and another secrets. The court, in discussing the complaint private action implied from a statute - this time without an opinion, apparently believed that the from New York's theft of services law. As to unfair regulation fell within the CRTS congressionally competition, the court made what may be the first delegated authority. application of 17 U.S.C. $301 when it decided that Two former licensees uf Home Box Office (HBO), state law misappropriation theory was preempted a pay television subscription service, provided grist when the right to be vindicated was the right to ex- for federal judicial mills when they delivered hibit an audiovisual work to the public - clearly a signals to their subscribers in the New York right "equivalent to copyright." The private use of Borough of Queens without paying HBO for the the theft of services statute was also unavailing, signals. Each licensee had had unclear contractual because no state court had ever found it to exist relationships with HBO which soured over terms of and because Orth-0-Vision claimed it was merely payment and permission to expand their licenses to deferring payments rather than perpetually refus- serve more households. Each defendant was en- ing to make them. joined from further retransmitting HBOs programs, Finally, under the provision of 17 U.S.C. $1 11, but the theories leading to that remedy were the court granted HBO a permanent injunction markedly different. In Home Box Oflice, Inc. v. against Orth-0-Vision's infringements, by un- Pay TV of Greater New York. Inc., 467 F. Supp. authorized retransmission, of the copyrighted 525 (E.D.N.Y. 1979), HBO sought relief under 47 works transmitted by HBO. Most of these works are U.S.C. 605 (the Communications Act), the motion pictures, sporting events, and the like, as to Copyright Act, and New York statutory and com- which HBO acquired the performance rights. Since mon law. The court accepted HBO's uncontested HBO sued for copyright infringement only with assertion that its signal was not "broadcast . . . for respect to its own copyrights. it is not clear whether the use of the general.public" ($605) and that the HBO held exclusive licenses in the other program- Communications Act thereby provided a basis for a ming it transmitted. The court rejected Orth-0- preliminary injunction. Summary judgment and Vision's argument that the injunction should not a permanent injunction followed shortly there- issue because only a small percentage of HBOs after, Id., Copyright L. Rep. (CCH) 125,089 transmissions consisted of material copyrighted by (E.D.N.Y. June 8, 1979). The copyright and state HBo and issued the injunction with respect to pres- law questions did not receive attention since the in- ent and future copyrighted material. junction issued on HBQ's first theory. The remaining performance rights cases are the The same theories were propounded on very predictable music suits with, for the most part, similar facts in Orth-0-Vhion. Inc. v. Home Box totally predictable results. In Broodcast Music. Ofice, Inc.. Copytight L. Rep. (CCH) 125,093 Inc. v. Grant's Cabin. Inc.. Copyright L. Rep. (S.D.N.Y. June 27, 1979). There, however, HBO's (CCH) 125,074 (E.D. Mo. March 14, 1979). and assertion of tights under $605 was contested and Chess Music. Inc. v. Tadych, 467 F. Supp. 819 proved unavailing. Judge Gagliardi was unwilling (E.D. Wisc.. 1979), plaintiffs received statutory to conclude that HBO's intent to deliver signals to damages and costs for the unauthorized public per- many licensees for ultimate distribution to as many formances of their works. In the former case, a persons as possible made its transmissions some- potentially ominous note was sounded for copy- thing other than a broadcast, at least under the right proprietors when the court declined to award rules governing the disposition of motions for sum- EM1 attorney's fees "because of the insignificant mary judgment. He also suggested that after Cort amount involved [S1,500 statutory damages] and REPORT OF THE REGISTER OF COPYRIGHTS, 1979 23 the insignificance of the occurrence." Should this Recording Industry Association of America, Inc., become the usual result in small-scale statutory 460 F. Supp. 1060 (C.D. Cal. 1978), courts held damage cases, questions will undoubtedly arise that no amount of sham compliance with the com- concerning the cost effectiveness of this type of pulsory license provisions of the Copytight Act of suit. 1909 would exempt pirates from liability for in- In Broadcast Music. Inc. v. Papa John i. Inc.. fringement. United States v. Whetzel, 589 F.2d 201 U.S.P.Q. 302 (N.D. Ind. 1979). the court, 707 (D.C. Cir. 1978), showed again that criminal after looking at the legislative history of 17 U.S.C. convictions for tape piracy under the copyright law $504, granted B~l'smotion to strike defendant's will stand. However, it is interesting to note in jury demand on the ground that statutory damages Whetzel that two counts of interstate transporta- are equitable in nature, thus paving the way for an tion of stolen goods were dismissed because of an easy win for BMI. The opposite conclusion was absence of proof that the tapes in question were reached with respect to a like motion in Broadcast worth more than the jurisdictional minimum, Music, Inc. v. Moor-Law. Inc.. Copyright L. Rep. S5.000. The court placed value only on the physical (CCH) 125,056 (D. Del. December 13, 1978), in tape and not on the copyrighted works contained which the District Court declined to follow those therein. "equitable in nature" cases which antedate Dairy In United States v. Hamilton. 583 F.2d 448 (9th Queen, Inc. v. Wood, 369 U.S. 469 (1962), where Cir;. 1978), a conviction for criminal infringement the Supreme Court had ruled that legal issues are of a map was affirmed. The only issue on appeal for the jury even if they are "incidental" to was whether the map was sufficiently original to be equitable issues. In the present case the court was protected by copyright. The court held that it was satisfied that an award of statutory damages and in so doing expressly declined to follow the so- should be within the province of a jury. Finally, in called "direct observation rule" of Amsterdam v. Broadcast Music. Inc. v. Leisure Properties, Inc., Triangle Publications. Inc., 189 F.2d 104 (3d Cir. 201 U.S.P.Q. 685 (N.D. Ohio 1978), the cart 1951), on the ground that it seemed to set a higher ruled that infringement claims are considered to be standard of copyrightability for maps than for in the nature of an intentional tort and are thus other works. The Ninth Circuit found the owner's neither provable nor dischargeable in bankruptcy. action in selecting, designing, and synthesizing his This meant that the court could retain jurisdiction map worthy of copyright. and try the infringement action without deferring The uncopyrightability of facts led to dismissals to the jurisdiction of the bankruptcy court. of complaints against an author of an historical novel (Roots) and the publisher of a book of artistic criticism (Monet: Le Dkjeuner sur l'herbe) in Alex- ander v. Haley, 460 F. Supp. 40 (S.D.N.Y. 1978), and Mount v. Viking Press, Inc.. Copyright L. Rep. (CCH) 125,073 (2d Cir. April 6, 1979), Infringement cases decided during fiscal 1979 con- respectively. The same doctrine did not prevent a sidered both the 1909 and 1976 acts. In two in- jury from awarding an author $216,750 when a mo- stances a "new law right" - that of public display tion picture studio based its "made for television" - was vindicated. But for the most part, business movie on his work. The plaintiff in Miller v. continued as usual. Tape pirates remained ineligi- Universal City Studios; Inc.. 460 .F. Supp. 984 ble to be compulsory licensees, convictions under (S.D. Fla. 1978). was a reporter who wrote an ac- the criminal provisions continued to be affirmed, count of a kidnapping and rescue. Over the pro- historical facts remained uncopyrightable, birds testations of its scriptwriter, Universal based its remained popular (as did fair use as a defense), work almost entirely on plaintiffs. The resulting and yet another opinion was filed in the Wall Street film included several incidents found only in plain- Transcript case. Which is not to say that nothing tiff s work, some of which were his embellishments happened; much did, but little of it was dramatic- or errors. The court denied Universal's motion for ally affected by the "new law." a new trial, at least in part because the script- Three cases continued the overwhelming trend writer's "squirming and fidgeting on the witness against tape pirates. In Heilman v. Bell. 583 F.2d stand indicat[ed] that he had plagiarized the 373 (7th Cir. 1978), and Pearl Music Co.. Inc. v. book." REPORT OF THE REGISTER OF COPYRIGHTS. 1979 Three cases were decided in which promotional Judges, lawyers, and commentators never ap- materials were infringed by the competitors of pear too comfortable with "directory" cases. and copyright proprietors. In each case, the com- two recent decisions offer little balm. In one case, petitor's primary product did not infringe a American Chemical Society v. Dun-Donnelley copyright, but the piomotional materials did, and Publishing Corp.. 202 U.S.P.Q. 459 (N.D. Ill. their use was enjoined. not only on copyright 1979). the defendant's cutting and pasting of plain- grounds, but also on the basis of $43(a) of the tiff s and others' directories, which led to the quick Lanham Act, which prevents such deceptive prac- completion of defendant's work, was not deemed tices as misrepresenting the source of a product behavior eligible for injunctive relief, notwith- and false advertising: Dawn Associates v. Links, 4 standing the substantial identity of 1,650 (out of Media L. Rep. 1642 (N.D; Ill. 1978). which related 2,450) listings in defendant's and plaintiffs works. to horror movie advertising; Instant Fortunes, Inc. On the other hand, the similarity of 400 of 900 v. Strathmore Sales Enterprises, 201 U.S. P.Q. 754 listings led to a contempt citation and an injunc- (S.D.N.Y. 1978). which concerned placards and tion in National Research Bureau. Inc. v. Kucker, certificates to accompany novelty pens; and Tradi- Copyright L. Rep. (CCH) (25,080 (S.D.N.Y. June tional Living, Inc. v. Energy Log Homes, Inc.. 29, 1979). a decision which seems more consistent Copyright L. Rep. (CCH) 125,068 (N.D. Ala. with the preponderance of such cases. November 22, 1978). which involved advertising for In two cases the right to control the public log houses. display of copyrighted works was upheld. In Bur- The infringement of musical compositions was wood Products Co. v. Marsel Mirror & Glass Prod- alleged in two cases and proved in one. In ucts, Inc., 468 F. Supp. 1215 (E.D. Ill. 1979). the Plymouth Music Co. v. Magnus Organ Corp.. 456 defendant was charged with infringement of a F. Supp. 676 (S.D.N.Y. 1978). the defendant wicker mirror design. Marsel argued that it could clearly copied the works in question but argued not be sued in Illinois, where it had no place of that plaintiffs arrangements of public domain business, no telephone, and no bank account, but songs were themselves in, the public domain. The where it had displayed its works at an exhibition. court held to the contrary, finding sufficient The court held that it had jurisdiction under the 11- originality in the arrangements to justify the linois "long-arm statute" since the display con- copyright. Ferguson v. National Broadcasting Co., stituted a tort within Illinois if the work displayed Inc., 584 F. 2d 111 (5th Cir. 1978). served to re- should prove, as charged, to be infringing. It may mind the copyright bar how times have changed be that this result would not have been reached since 1946. Then, in Arnstein v. Porter. 154 F.2d under the 1909 act, which provided no specific 464 (2d Cir.), a well-known composer, Cole Porter, right of public display. A "confusing" display of a was sued by a copyright owner who believed that he fabric sample so small as not to be readily dis- detected a certain similarity between the tinguishable from another's copyrighted fabric was defendant's successful works and his own relatively enjoined in Kirk-Brummel Associates. Inc. v. unknown compositions. In the Ferguson case, John dePootere Corp., Copyright L. Rep. (CCH) Williams was accused of copying twenty-four bars 125,051 (S.D.N.Y. Jan. 4, 1979); there the in- of an unpublished song written twenty years junction ran against not an infringing work but earlier. Defendant, as had Cole Porter, moved for rather a similar work whose differences were re- summary judgment, stating that Williams had vealed only when the samples displayed were of suf- heard of neither the composer nor the song and ficient size. that there was only one three-note sequence which Television network broadcasts of independently was similar. Plaintiff argued that she had sent the made documentary films led to liability in two in- song to BMI in 1953 and that Williams had some stances. In Burke v. National Broadcasting Co., contacts there. The court. in granting defendant's 598 F.2d 688 (1st Cir. 1979). the court reversed a motion, noted that in opposition to a motion for ruling below when it held that a film was protected summary judgment the nonmoving party must of- by common law copyright. Burke's movie showed fer significant probative evidence (as opposed to an encounter between lions and zebras which the Amstein rule of, essentially, any evidence) and revealed previously undocumented animal be- that plaintiff had failed to do so. havior. A German professor acquired a copy of the REPORT OF THE REGISTER OF COPYRIGHTS, 1979 film from him to use in conjunction with some lec- ed by both parties, defective in that it did not iden- tures. The film was later exhibited on German tify the 5 toys (of 144) about which the complaint public television. A British production company, was made and in that its effect was to dissuade SAL, used some of Burke's footage, which it ac- customers from buying any of the toys. The court quired from the Gennan source, in its film, which required that Tomy publish a new notice specifying NBC broadcast before the effective date of the 1976 which toys it believed to be infringements, that it act. Thereafter SAL wrote to Burke asking him how refrain from similar broad charges in the future, much it owed him. He denied that the professor and that it write to those of Durham's customers had had the power to authorize the copying or per- who withdrew their orders so as to specify the of- formance of the film and asked for compensation fending works. at the &ual rate. After receiving nothing, he sued. An unfortunate series of events recounted in The trial court ruled that the film had been pub- Walker v. Univenity Books, lnc., Copyright L. lished without notice of copyright and was thus in Rep. (CCH) 125,087 (9th Cir. June 18, 19791, the public domain, but the court of appeals held serves as a reminder of the more strict copyright that neither the transfer of a copy to the professor notice provisions of the 1909 act and of some nor the broadcast on German television in any way courts' willingness to seek out ways of avoiding affected the common law copyright in the work, them. There the plaintiff showed her copyrighted I since the former was a limited publication and the Ching cards to defendant, a publisher; later she latter no publication at all. Of particular interest assigned her copyright to another publisher, who was the court's determination that the transfer of distributed her works without a notice. Thereafter the film to the professor carried an implied limita- plaintiff learned that diefendant was producing tion on further copying, notwithstanding the ab- what she believed were infringing cards, but her in- sence of any explicit copying restrictions. fringement action was dismissed at trial because of In Iowa State University Research Foundation, the publication without notice by her assignee, and Inc. v. American Broadcasting Co., 463 F. Supp. because the court found no evidence that defend- 902 (S.D.N.Y. 1978), the court found ABC'S use of ant had produced its arguably infringing works three minutes of a twenty-eight-minute copyrighted before the assignment and forfeiture. The court of film about an Olympic champion wrestler from appeals reversed, on the ground that defendant's Iowa State University "inexcusable" where the net- blueprints, from which it made its wares, could be work employed one of the students who had pro- infringing copies, and remanded the case for a duced the film and where the network copied the determination whether they were made before film in its entirety without payment or permission. plaintiffs assignment, in which case plaintiff could Copyright in the lifelike rendering of birds was in- maintain her action. volved in John L. Perry Studio, Inc. v. Wernick, One of the most significant fair use cases ever Copyright L. Rep. (CCH) 125,086(9th Cir . June 4, decided was announced just after the end of fiscal 19791, where both plaintiff and defendant made 1979 and merits inclusion here. Although many white plastic gull sculptures of similar size, shape, issues were raised in Universal City Studios, lnc. v. posture, and mountings. At trial the court found Sony Corp. of America, 448 P.T.C.J. D-1 (C.D. that defendant's bird was independently created Cal. 1979), the successful interposition of the and that both resembled real flying gulls. The defense of fair use to a charge that off-the-air home Court of Appeals for the Ninth Circuit affirmed, videotaping of copyrighted television programming noting that although plaintiff had made a prima constituted copyright infringement effectively facie showing of infringement (access and substan- disposed of the entire case in the trial court. tial similarity), defendant had properly carried its Although one individual who made copies at burden of persuading the court that its creation home was named as a defendant, the plaintifFfs, was independent rather than the result of copying. major motion picture studios, sought relief In Durham Industries, Inc. v. Tomy Corp., 201 primarily against the manufacturer, distributor, U.S.P.Q. 576 (S.D.N.Y. 1979), an alleged in- wholesaler, advertiser, and retailer of videotape fringer sought a declaratory judgment and pre- recorders (VTRS). Most of these defendants could liminary injunction to protect itself from the effects not have been liable unless home copying had been of a published charge of infringement. The court held infringing. Thus, the finding of fair use found the charge, made just before a toy fair attend- prevented any recovery against them, whether on a REPORT OF THE REGISTER OF COPYRIGHTS, 1979 theory of contributory infringement or vicarious ment, since they neither directly, contributorily, liability. nor vicariously infringed. The court placed em- In analyzing home copying, the court found phasis on the absence of precedent for imposing alternative routes to a holding of noninfringement. copyright liability upon the manufacturers of First, it examined the legislative history of the equipment used by others. Copyright Act of 1976 and determined that Con- Other fair use cases, although apparently not of gress had not intended to proscribe the home copy- a similar order of importance, yielded interesting ing of "free" television broadcasts. It placed par- results. The only unsuccessful fair use case ticular emphasis on the Sound Recording Act of reported in fiscal 1979 involved an attempt to ex- 1971 and statements in the hearings and floor ploit the combined markets for female nudity and debates which preceded its enactment. professional football. The defendants in Wallas In addition, and apart from the legislative Cowboy Cheerleaders, Inc. v. Scoreboard Posters, history with respect to-copying, the court deter- Inc., 600 F.2d 1184 (5th Cir. 1979), prepared a mined that home copying was fair use. After poster substantially similar to plaintiffs, but reviewing the few prior noncommercial fair use for the partial nudity of the models depicted. cases and determining them to be of little The court refused to accept the contention that assistance, the court turned to the four fair use fac- this amounted to a justifiable parody and thus tors contained in 17 U.S.C. 8- 107 and treated them fair use. in the following order: harm to plaintiffs, nature of Uses involving news reporting, a political cam- the material, purpose of the use, and substantiality paign, and public safety were found to be fair. In of the copying. Italian Book Corp. v. American Broadcasting Co., The court placed great emphasis on the fact that 458 F. Supp. 65 (S.D.N.Y. 1978), the copyright the plaintiffs adduced no concrete evidence of owner was held not entitled to compensation for harm attributable to the marketing of VTRs. Plain- the broadcast of part of its song during news tiffs' evidence was characterized as "personal belief coverage of an Italian festival since no clear harm and speculation." The court observed that the could be shown. The First Amendment interests in profits of the plaintiffs "have increased yearly, in- a political campaign outweighed an officeholder's cluding the years in which VTR technology was in- copyright in a jingle in Keep Thomson Governor troduced and growing." Committee v. Citizens for Gallen Committee, 457 As to the nature of the material copied, the F. Supp. 957 (D.N.H. 1978); defendant used a por- court, after conceding the difficulty of tion of plaintiffs copyrighted work in his own cam- distinguishing information from entertainment, paign advertisements, which the court held to be noted that the viewers of free television (as opposed noninfringing, since to hold othenvise could have to book buyers or theatergoers) enter into no had the effect of suppressing political speech. economic relationship with copyright owners and Finally, in Key Maps, Inc. v. hitt, 470 F. Supp. implied that advertisers, who have always paid 33 (S.D. Tex. 1978), the owner of copyright in a rates according to the size and configuration of the map failed, for whatever reasons, to deliver 200 viewing public, could beat the cost of any change in copyrighted fire zone maps to a fire marshal within audience characteristics caused by VTR use. The the contractual ten-day period; after waiting six purpose of the use was characterized as both non- weeks, the marshal had the maps reproduced commercial and "in the home." The court noted elsewhere. In finding such use "fair," the court that this use was consistent with First Amendment emphasized the public purpose of the use and con- policy regarding public access to information and cluded, interestingly, that plaintiff had failed to that enforcement of a prohibition against it would show that defendant's use was "unfair," a state- be both intrusive and impossible. Finally, although ment reflecting a novel view of the various burdens the entire works were generally copied, no bar to to be borne by copyright litigants. Of additional in- fair use was thus created. After considering all four terest may be courts' reliance, in Sony, Keep factors. the court concluded that the use was fair. Thomson Governor, and Key Maps, on the deci- ~orkver,it observed that even if home copy-. sion in Williams & Wilkiru Co. v. United States. ing were infringement, no relief could be had 487 F.2d 1345 (Ct CI. 1973), aff d by an equally against manufacturers and vendors of VTR equip- divided court. 420 U.S. 376 (1975), which many REPORT OF THE REGISTER OF COPYRIGHTS. 1979 observers believed had died on the effective date of the Copyright Act of 1976. The final group of infringement cases offers The commercial exploitation of the late Elvis guidance on the procedural aspects of copyright in- Presley's likeness remained the exclusive right of fringement actions. Three cases concern those who his estate when the Supreme Court refused to may sue or be sued: Mills Music. Inc. v. Arizona, review the decision which had reached that result, 591 F.2d 1278 (9th Cir. 1979); Lottie Joplin Factors, Etc.. Inc. v. Pro Arts. Inc., 579 F.2d 215 Thomas Trust v. Crown Publishers. Inc.. 592 F.2d (2d Cir. 1978), cert. denied. . U.S. 651 (2d Cir. 1978); and F.E.L. Publications, Ltd. (March 1, 1979). The Supreme Court did decide v. National Conference of Catholic Bishops, 466 F. another case, Herbert v. Lando. 47 U.S.L.W. 4401 Supp. 1034 (N.D. 111. 1978). In Mills the Ninth Cir- (1979). which provided ground rules for how a cuit ruled, in a case involving a complaint of public figure could seek to prove (as he must to copyright infringement brought against the State recover) that an allegedly defamatory story about of Arizona. that states are subject to such suits in him was made with "actual malice." The case has the federal courts despite the Eleventh Amendment been widely described as requiring courts to "read to the U.S. Constitution, which provides that the reporter's minds," but that does not appear to be judicial power of the United States shall not extend correct. "Actual malice" here had nothing to do to suits against the states by citizens of another with ill will, but rather had to do with whether an state, a decision which is contrary to the position author knew or should have known that his story taken by the Eighth Circuit in Wihtol v. Crow. 309 was false. The Court observed that the records in F.2d 777 (1962). In Thomas. the trust established earlier public figure defamation cases were replete for Scott Joplin's widow was held to retain the with evidence of the editorial process and held that renewal rights in Treemonisha and was thus a the First Amendment provided no shield against proper plaintiff with respect to an unauthorized re- liability when published reports were known to be cording of that work. Plaintiff in F.E.L. sought to false or were published with reckless disregard of stop widespread copying of its religious music at their possible falsity. the diocesan and parish level by suing a national It proved difficult to prevail in a privacy action in organization of bishops whose guidelines spoke of fiscal 1979, at least when the defendant could the need to obtain authorization before reproduc- demonstrate a First Amendment interest in the ing copyrighted works. The court refused either to allegedly invading work. The National Broad- issue an injunction or to dismiss the case, pending casting Company survived an attack by Roy Cohn, proof of defendant's ability to supervise or control who claimed that Tail Gunner Joe, a motion pic- the alleged acts of infringement. ture about Sen. Joseph McCarthy which the net- In Manning v. Turf d Sport Internatmnal, Ltd.. work broadcast, had invaded his privacy by using 5 Media L. Rptr. 1299 (N.D.N.Y. 19791, the court his name. The court held that the facts recounted held that a Delaware corporation with its principal were the subject of legitimate public interest and place of business in Maryland could not be sued in dismissed the claim in Cohn v. National Broad- New York, where the plaintiff lived, since the cor- carting Co.. 4 Media L. Rptr. 2533 (N.Y. App. poration had no off~ces,agents, employees, busi- 1979). In Lutz v. Hoffman, 4 Media L. Rptr. 2294 ness license, or tax liability in that state and merely (E.D.N.Y. 1979). the court ruled that the reporting mailed some of its allegedly infringing works to of information concerning an allegedly haunted New York subscribers. house did not invade the privacy of the home- What appears to be the last word in Wainwright owners (who desired a proprietary interest in their Securities, Inc. v. Wall Street Transcript Corp. is story), since their names and pictures of the house to be found at 80 F.R.D. 103 (S.D.N.Y. 1978). were newsworthy. An interesting footnote to the Plaintiff, having won its infringement action at larger issue involved in many privacy cases was pro- trial and on appeal, went out of business and was vided by Cartagna v. Western Graphics Corp., 4 permitted to dismiss the case over defendant's ob- Media L. Rptr. 2497 (Ore. App. 1979). in which jection that it could not thereafter vindicate itself. plaintiff consented to the use of his photograph on The reason given by the court for dismissing fur- a poster in return for payment. When the poster ther action in the case was that the defendant, on was distributed but he was not paid, he sought appeal, had not protested its innocence. relief on privacy grounds, arguing that the absence REPORT OF THE REGISTER OF COPYRIGHTS, 1979 of payment vitiated his consent. The court ruled Marilyn Monroe's estate brought an action against otherwise, holding that he might recover in con- the publisher of Norman Mailer's book about the tract but that he had waived his right of privacy, late actress. Here the court held that the right of unless the misrepresentation concerned the scope publicity could not be used to prevent even a of the waiver (what the publisher published) rather somewhat fictitious biographical work, since it en- than the inducement to enter into the contract (the joyed First Amendment protection to a far greater fact of nonpayment). extent than such clearly commercial works as Two other privacy cases led to results which were T-shirts and the like. The court noted that fictional not final but admitted of the possibility of recovery. embellishments might give rise to a privacy action, In Forsher v. Bugliosi, 5 Media L. Rptr. 1145 (Cal. but that such right never survives its owner. App. 1979), a person associated with a lawyer who Two cases concerning written works involved disappeared during a murder trial sued the author contentions by the United States that "national of a book about the trial, charging that the book's security" issues entitled the government to judg- reference to him was both libelous and an invasion ment. In United States v. Snepp, 4 Media L. Rptr. of his privacy. The court held that statements in- 2313 (4th Cir. 1979), a former Central Intelligence sinuating that plaintiff might have been involved in Agency employee published a book about CIA ac- the lawyer's death were actionable and ordered tivities, in apparent violation of an agreement that that the case be tried, over a vigorous dissent which he would seek permission before so doing. No questioned whether one action could ever sound in claim was made that he had divulged classified in- both libel and privacy, since an element of the formation. At trial the court enjoined further former is falsity, and of the latter, truth. publication of the work and imposed a constructive In Cohen v. Hallmark Cards, Inc., 4 Media L. trust on all the monies earned by defendant from Rptr. 1778 (N.Y. 19781, defendant was charged the book. On appeal the injunction was approved, with the unauthorized publication of photographs but the trust was dissolved and the case remanded of a mother and her child. At trial there was .ajury in part so that defendant could seek a jury deter- award of punitive damages, for which the appellate mination of damages. The court did not accept court found some supporting evidence, since it ap- defendant's argument that the nondisclosure peared that defendant may have made several agreement violated the First Amendment. It held printings of its work after receiving notice that that the CIA had a right to review all material plaintiff had never executed a written release. The before publication but that it could not withhold case was remanded for a determination whether permission to publish unclassified material. the award of punitive damages was against the From 1955 to 1973 the Central Intelligence weight of the evidence. Agency intercepted certain pieces of first class mail The timing of a letter of complaint was also im- to and from the Soviet Union. In Birnbaum v. portant in Bindrim v. Mitchell, 5 Media L. Rptr. United States. 588 F.2d 319 (2d Cir. 1978). several 1113 (Cal. App. 1979), a libel action brought by a plaintiffs sought damages for the opening and therapist, who specialized in "nude marathon" copying of their mail. At trial they were awarded group therapy, against the author and publisher of S1,000 each and the government was ordered to a novel. The court held that a novel could be send them letters of apology. The trial court found libelous if a reasonable reader could identify the that liability could be predicated on any of several plaintiff and if the statements about him were alternative theories - privacy, common law copy- defamatory. Here all of the author's defamations right, or constitutional tort. The Second Circuit af- were held actionable. Also, the publisher was held firmed as to damages for the invasion of privacy liable, but only for its acts which occurred after it and reversed as to the other grounds and as to the received plaintiffs complaint, since plaintiff was a letter of apology. With respect to privacy, it held public figure and since the publisher did not know that the CIA had so far exceeded its statutory certain statements were false until then. The result authority that its conduct was not within any of the of this distinction was that the publication of the exemptions from liability in the Federal Tort paperback edition, but not of the hardback edi- Claims Act. The common law copyright, however, tion, constituted libel by the publisher. was not infringed since there was no publication of In Frosch v. Grosset & Dunlap, Inc., 4 Media L. the letters, and the Federal Tort Claims Act was Rptr. 2307 (N.Y. Sup. Ct. 1979), the executor of held not to encompass constitutional torts. Finally, REPORT OF THE REGISTER OF COPYRIGHTS, 1979 no letter of apoloiqy could be required since only false statement in advertisements that she was a money damages could be had against the United former employee of plaintiffs led to an injunction States. not only against the false advertising but also The titles of copyrightable works, although against the performance of the motion picture. themselves outside the scope of copyright, con- Defendant argued that its star's uniform amounted tinued to be protectible under the Lanham Act. A to parody, and thus fair use. The court accepted previous decision that a magazine could' not be the proposition that such defenses were available in titled Nova against the wishes of the proprietors of Lanham Act lawsuits but held them not proved in an educational television series of the same name this instance. was affirmed summarily in WGBH v. Penthouse Gee v. CBS, Znc., Copyright L. Rep. (CCH) International, Ltd., 4 Media L. Rptr. 2536 (2d Cir. 125,066 (E.D. Pa. March 7, 1979). was a case in 1979). In Blake Publishing Corp., v. O'Quinn which the court was asked, on multiple grounds, to Studios, Znc., 202 U.S.P.Q. 848 (S.D.N.Y. 1979). afford the estate of Bessie Smith various economic the publisher of Fantastic Films, a magazine, suc- rights of which she had allegedly been deprived. ceeded in having another publisher enjoined from The court dismissed all counts of the action but using the name Fantastica as the title of its new nonetheless published an exhaustive opinion re- magazine because of the likelihood that the public counting her career and the claims of her alleged would be confused about the source of the latter. adopted son and her widower's executor. Among The court held that, although plaintiffs title was the various charges were that the Civil Rights Act "descriptive," it had sufficient recognition among made all of her contracts void bn the ground that purchasers in the relevant market to afford it pm- they were unconscionable, since she had received tection. only $200 per song with no royalties; that various An interesting title case arose out of the now copyrights had been infringed; that property rights common practice of releasing a paperback book in her 78 rpm recordings were violated when CBS contemporaneously with a movie based, more or reissued them as long-playing records in the 1950s less, on that book. In Orion Pictures Co. v. Dell and 1970s; and that her rights of publicity were Publishing Co., 5 Media L. Rptr. 1390 (S.D.N.Y. violated. The court expressed its admiration for 1979). a production company obtained the motion Smith as an artist; however, in view of the extraor- picture rights to a French novel. E=MC, mon dinary time between the alleged wrongs and the amour, from which it prepared a screenplay and lawsuit, the absence of copyright registrations, the movie entitled A Little Romance. Defendant Dell apparent absence of a real party in interest, and thereafter acquired English translation paperback the presence of some evidence that her manager rights in the novel and planned to call its work A had not been devoid of business acumen, the court Little Romance. Orion and Dell could not agree dismissed the claim. upon terms of a proposed tie-in of the movie and Contracts for the publication of literary works the book. Dell then published its book as A Little gave rise to several cases decided in fiscal 1979. Romance and promoted it with many implications Perhaps the most interesting of these was Edison v. of its relationship with the movie. Orion sought an Viva International, 4 Media L. Rptr. 1821 (N.Y. injunction both against the use of the title and for Sup. Ct. 1978). in which an author's "moral the reacquisition and destruction of all copies of rights" were enforced. Plaintiff had contracted to the book. The court granted the injunction as to write a four-thousand-word article for defendant further editions and promotional material because and did so. It was published in a form which plain- of the difference between the book and movie ver- tiff charged was materially altered to such an ex- sions and the strong likelihood of public confusion tent that it constituted breach of contract and libel. about any relationship between the two. Defendant moved to dismiss, largely on the ground Another Lanham Act case involved the content that the contract contemplated editorial revision. and promotion of a sexually explicit motion pic- The court denied the motion, stating that permis- ture. In Dallas Cowboy Cheerleaders. Znc. v. sion to edit did not mean that a publisher had the Pussycat Cinema, Ltd., 4 Media L. Rptr. 2325 unrestricted right to alter materially (and allegedly (S.D.N.Y. 1979). the similarity of a cheerleader's mutilate) an author's work and then also attribute costume worn by the female lead in Debbie Does it to him. The court was satisfied that plaintiffs Dallas to that of plaintiffs cheerleaders and the right to preserve the integrity of his work and his REPORT OF THE REGISTER OF COPYRIGHTS, 1979 reputation survived that portion of the contract a contract to write four more books for an advance which permitted editing. of $150,000 against royalties, payable in ten annual Two cases were decided in which authors pre- installments. After four years and two books, vailed in actions against their publishers. In plaintiff had advanced defendant $60,000, even Frankel v. Stein and Day, Inc., 470 F. Supp. 209 though these works had produced only 59,300 in (S.D.N.Y. 1979), a contract provided that the royalties. In accordance with the terms of the con- publisher would pay the author within thirty days tract, plaintiff terminated. It also sought to recover of the sale of paperback rights, on pain of termina- the $50,700 excess payment. The court held not tion of the copyright transfer to the publisher. The only that it could not recover the excess, since the publisher sold the paperback rights but paid the contract permitted the defendant to keep all ad- author nothing, based upon the author's alleged van&s for delivered manuscripts, but also that it failure to deliver a publishable manuscript on a owed defendant $15,000 more, based on its accept- timely basis. The court ruled that the copyright ance of two of defendant's works. had reverted to the author and that he was The legal maxim that "an agreement to agree is therefore entitled to damages not only for breach of not a contract" was honored in Harcourt. Brace, the contract to pay for the paperback rights but Jovanovich. Inc. v. Farrar, Straus 8 Giroux, Inc., also for the copyright infringement which occurred 4 Media L. Rptr. 2625 (N.Y. Sup. Ct. 1979). There by the continued publication of the cloth edition plaintiff had arranged with a British publisher for after reversion. In Random House, Inc. v. Gold, the rights to a British author's next book "on terms 464 F. Supp. 1306 (S.D.N.Y. 1979). a publisher to be mutually agreed upon." When defendant, a shared in the lesson recently learned by other enter- different publisher, was offered the American tainment entrepreneurs: long-term contracts for rights to that book, plaintiff sued defendant and "stars" are binding even after the glow has faded. the British publisher, but lost since there was Defendant had written two successful children's neither a price nor a method for determining a books and had earned more than $100,000 in price established in the agreement. royalties therefrom. His publisher then offered him

Respectfully submitted, BARBARA RINGER Register of Copyrights and Assistant Librarian of Congress for Copyright Services REPORT OF THE REGISTER OF COPYRIGHTS, 1979 3 1 International Copyright Relations of the United States as of September 30,1979

This table sets forth U.S. copyright relations of current interest with the other independent nations of the world. Each entry gives country name (and alternate name) and a statement of copyright relations. The following code is used:

Bilateral Bilateral copyright relations with the United States by virtue of a proclamation or treaty, as of the date given. Where there is more than one proclamation or treaty, only the date of the first one is given BAC Party to the Buenos Aires Convention of 1910, as of the date given. U.S. ratification deposited with the government of Argentina, May 1, 1911; proclaimed by the President of the United States, July 13, 1914. UCC Geneva Party to the Universal Copyright Convention, Geneva, 1952, as of the date given. The effective date for the United States was September 16, 1955. UCC Paris Party to the Universal Copyright Convention as revised at Paris, 1971, as of the date given. The effective date for the United States was July 10, 1974. Phonogram Party to the Convention for the Protection of Producen of Phonograms Against Unauthorized Duplication of Their Phonograms. Geneva, 1971, as of the date given. The effective date for the United States was March 10. 1974. Unclear Became independent since 1943. Has not established copyright relations with the United States, but may be honoring obligations incurred under former political status. None No copyright relations with the United Stater

Afghanistan Bandadeah None UCC Geneva Aug. 5, 1975 Unclear UCC Paris Aug 5,1975 Albai. Cambodia None Bubada (Kampuchea) Unclear UCC Geneva Sept. 16,1955 Algeria UCC Geneva Aug 28.1973 &I+m Cameroon UCC Paris July 10, 1974 Bilateral July 1, 1891 UCC Geneva May 1,1973 UCC Geneva Aug. 3 1,1960 UCC Paris July 10.1974 Andorn UCC Geneva Sept 16,1955 Benin Canada (formedy Dahomey) Bilateral Jan. 1, 1924 An* Unclear UCC Geneva Aug. 10,1962 Unclear Bhutan Crpe Verde Argentina None Unckar Bilateral Aug 23, 1934 BAC April 19, 1950 Bdivi. CenW Africrn Empim UCC Geneva Feb. 13,1958 BAC May 15, 1914 Unclear Phonogram June 30, 1973 Botawuv ad Ausbnlii Unclear Unclear Bilateral Mar. 15, 1918 UCC Geneva May 1, 1969 Bd Chile UCC Paris Feb. 28, 1978 Bilateral Apr. 2, 1957 Bilateral May 25,1896 Phonogram June 22,1974 BAC Auk 31,1915 BAC June 14, 1955 UCC Geneva Jan. 13,1960 UCC Geneva Sept. 16, 1955 Auntria UCC Paris Dec 11,1975 Phonogram March 24,1977 Bilateral Sept. 20, 1907 Phonogram Nov. 28,1975 UCC Geneva July 2, 1957 China Bul& Bilateral Jan. 13, 1904 Blhuny The UCC Geneva June 7,1975 UCC Geneva July 10.1973 UCC Paris June 7; 1975 Cdanbh UCC Paris Dec 27,1976 BAC Dec 23,1936 Burma UCC Geneva June 18,1976 Blhnin Unclear UCC Paris June 18,1976 None REPORT OF THE REGISTER OF COPYRIGHTS, 1979

Comoroe Finland Hunpry Unclear Bilateral Jan. 1,1929 Bilateral Oct. 16, 1912 UCC Geneva Apr. 16.1963 UCC Geneva Jan. 23, 1971 Congo Phonogram Apr. 18,1973 UCC Paris July 10,1974 Unclear Phonogram May 28, 1975 France COW ~cal Bilateral July 1.1891 laland Bilateral Oct. 19. 1899 UCC Geneva Jan. 14,1956 UCC Geneva Dec. 18,1956 BAC Nov. 30,1916 UCC PPris July 10, 1974 UCC Geneva Sept. 16, 1955 lndn Phonogram Apr. 18,1973 Bilateral Aug. 15.1947 Cuba Gabon UCC Geneva Jan. 21,1958 Bilateral Nov. 17.1903 Unclear Phonogram Feb. 12,1975 UCC Geneva June 18. 1957 Cambia, The Indonah CYPN~ Unclear Unclear Unclear Inn Czechadwakh Gennany None Bilateral Mar. 1, 1927 Bilateral Apr. 15, 1892 UCC Geneva Jan 6,1960 UCC Geneva with Federal Republic rn of Germany Sept. 16, 1955 None Denmark UCC Parb with Federal Republic of Bilateral May 8,1893 Germany July 10, 1974 hlmd UCC Geneva Feb. 9,1962 Phonogram with Federal Republic Bilateral Oct. 1, 1929 Phonogram Mar. 24.1977 of Germany May 18,1974 UCC Geneva Jan. 20, 1959 UCC Paris July 11. 1979 UCC Geneva with German Demo- Id 5. 1973 Djibouti cratic Republic Oct. Bilateral May 15, 1948 Unclear UCC Geneva Sept. 16.1955 Ghma Phonogram May 1.1978 Dominica UCC Geneva Aug. 22,1962 Unclear Italy Grace Bilateral Oct. 31, 1892 Dominican ~e~ublic' Bilateral Mar. 1, 1932 UCC Geneva Jan. 24, 195 7 BAC Oct 31,1912 UCC Geneva Aug. 24, 1963 Phonogram Mar. 24,1977 Ecuador BAC Aug. 31, 1914 Grenada Ivory Corst Unclear Unclear UCC Geneva June 5.1957 Phonogram Sept. 14,1974 Guatemala' Jamaica None EWP~ BAC Mar. 28,1913 Phonogram April 23.1978 UCC Gm'eva Oct. 28,1974 ~apan~ For works other than sound Phonogram Feb. 1.1977 UCC Geneva Apr. 28, 1956 recordings, none UCC Paris Oct. 21,1977 Guinea Phonogram Oct. 14, 1978 El Salvador Unclear Bilateral June 30. 1908, by virtue Jordan of Mexico City Convention, 1902 Unclear UCC Geneva March 29.1979 Guinea-Bissau Unclear UCC Paris March 29, 1979 Kenya Phonogram Feb. 9,1979 Guyana UCC Geneva Sept. 7, 1966 Equatorial Guinea Unclear UCC Paris July 10,1974 Unclear honogram April 2 1, 1976 Haiti Ethiopia Kiribati None BAC Nov. 27,1919 (formerly Gilbert Islands) UCC Geneva Sept. 16, 1955 Unclear Fiji UCC Geneva Oct. 10,1970 ~ondurm' Korea Phonogram Apr. 18, 1973 BAC Apr. 27, 1914 Uncleu REPORT OF THE REGISTER OF COPYRIGHTS, 1979

Kuwait Mona Phiipimr Unclear Bilateral Oct. 21.1948 UCC status undetermined by Uneaco. L.08 Mcaocco (Copy&ht Office conaiden that UCC Geneva Sept. 16, 1955 UCC Geneva May 8.1972 UCC relations do not exirt.) UCC Paaia Jan. 28,1976 Lebanon Pdand UCC Geneva Oct. 17,1959 Mownbique Bilateral Feb. 16,1927 Uncla UCC Geneva Mar. 9,1977 Lerotho UCC Pads Mar. 9,1977 Unclear Nauru Unclear Liberia Portupl 20.1893 UCC Geneva July 27.1956 Nepal Bilateral July None UCC Geneva Dec. 25.1956 Libya Unckar Nethedad# Q1- . Bilateral Nw. 20,1899 None Liechtenstein UCC Geneva June 22.1967 UCC Geneva Jan. 22. 1959 Romanim New Zsrlrnd Bilateral May 14,1928 Lux~bovy Biiterd Dec. 1,1916 Rwda Bilaterd June 29, 1910 UCC Geneva Sept. 11,1964 Undear UCC Geneva Oct. 15, 1955 Phonogun Aug 13,1976 Phonogram Mar. 8,1976 Nilrul saint Ludr MdrOIIur BAC Dec. 15.1913 Undear: (Malamy Republic) UCC Geneva Aug 16,1961 Unclear san Muin0 Nir None MplpWi Unclear UCC Geneva Oct. 26,1965 Sao Tolnc and Rlacip Ni@ Unckar Mdayda UCC Geneva Feb. 14,1962 Unclear S8ud AnbL N=-Y None MJdiva Bilateral July 1,1905 Unclear UCC Genm Jan. 23,1963 ampl Mlli UCC PAAug 7,1974 UCC Geneva July 9,1974 Unclear Phonogr~mAug 1,1978 UCC Ppris July 10,1974 Mdt8 Oman UCC Geneva Nw. 19.1968 None PakiBtu, UCC Geneva Wt. 16,1955 Sam Leom Unclear None Mauritius Rnuna UCC Geneva Mar. 12,1968 BAC Nov. 25,1913 fwPP- UCC Geneva Oct. 17,1962 Unckar Muico Phonolgsm June 29,1974 Bilateral Feb. 27. 1896 Sdanon Man& Pap- New Guinea BAC Apr. 24,1964 Unclear Unclear UCC Geneva May 12.1957 UCC PuisOct. 31.1975 way Phonogmn Dec. 21.1973 BAC Sept. 20,1917 Undear UCC Geneva Mar. 11.1962 Monaco Phonolgsm Feb. 13.1979 South AM Bilateral Oct 15, 1962 Bhtenl July 1. 1924 UCC Geneva Sept 16.1955 Peru UCC Paria Dec. 13,1974 BAC April 30.1920 Sa*ici union Phonogram Dec 2.1974 UCC Geneva Oct. 16,1963 UCC Geneva May 27,1973 34 REPORT OF THE REGISTER OF COPYRIGHTS, 1979 Sprin rnailmd UNWY Bilateral July 10, 1895 Bilateral Sept. 1, 1921 BAC Dec. 17.1919 UCC Geneva Sept 16, 1955 UCC Paris July 10, 1974 Togo Vatican City Unclear Phonogram Aug. 24,1974 (Holy See) UCC Geneva Oct. 5,1955 Tonga Sri Lank8 None Phonogram July 18,1977 Unclear Trinidrd md Tobrgo Venauda Sudan Unclear UCC Geneva Sept. 30,1966 Unclear nulid8 Vietnam Surinun UCC Geneva June 19,1969 Unclear Unclear UCC Paris June 10,1975 Western Samoa Swaziland Turkey Unclear Unclear None Yemen (Aden) Tuvalu Unclear Sweden Unclear Bilateral June 1, 1911 Uganda Yemen (Sm'r) UCC Geneva July 1.196 1 None UCC Paris July 10.1974 Unclear Phonogram Apr. 18.1973 United Anb Emintea YuHh8 None UCC Geneva May 11,1966 Swikedrnd UCC Paris July 10.1974 Bilateral July 1, 1891 united Kingdom UCC Geneva Mar. 30.1956 Bilateral July 1.1891 zaire UCC Geneva Sept 27,1957 Phonognun Nov. 29.1977 UCC Paris July 10.1974 For works other thm sound Phonognun Apr. 18.1973 recordings, unclear T8nz8ni8 Uppa Vdt. Zunbh Unclear Unclear UCC Geneva June 1.1965

'Effective June 30, 1908, this country became a party to the 1902 Mexico City Convention, to which the United States also became a party effective the same date. As regards copyright relations with the United States, this convention is considered to have been superseded by adherence of this country and the United States to the Buenos Aires Convention of 1910. '~ilateral copyright relations between Japan and the United States, which were formulated effective May 10, 1906, are considered to have been abrogated and superseded by the adherence of Japan to the Univenal Copy&ht Convention, Geneva, 1952, effective Apd 28, 1956.

Section 104 of the copyright law (title 17 of the iciliary, or sovereign authority of a foreign United States Code) is reprinted below: nation that is a party to a copyright treaty to which the United States is also a party, or is 5 104. Subject matter of copyright: National origin a stateless person, wherever that person may (a) UNPUBLISHED WORKS.-The works spec- be domiciled; or ified by sections 102 and 103, while unpublished, (2) the work is first published in the United are subject to protection under this title without States or in a foreign nation that, on the date regard to the nationality or domicile of the author. of first publication, is a party to the Universal (b) PUBLISHED WORKS.-The works specified Copyright Convention; or by sections 102 and 103, when published, are sub- (3) the work is first published by the United ject to protection under this title if- Nations or any of its specialized agencies, or (1) on the date of first publication, one or by the Organization of American States; or more of the authors is a national or domiciliary (4) the work comes within the scope of a of the United States, or is a national, dom- Presidential proclamation. Whenever the Pres- REPORT OF THE REGISTER OF COPYRIGHTS. 1979 ident finds that a particular foreign nation by proclamation extend protection under this extends. to works by authors who are nationals title to works of which one or more of the or domiciliaries of the United States or to authors is. on the date of first publication. a works that are first published in the United national. domiciliary. or sovereign authority States. copyright protection on substantially of that nation. or which was first published in the same basis as that on which the foreign that nation . The Pmsident may revise. suspend. nation extends protection to works of its own or mvoke any such proclamation or impose nationals and domiciliaries and works first any conditions or limitations on protection published in that nation. the President may under a proclamation .

Number of Regisfrations by Subject Matter of Copyright. Fiscal Year 19 79

Category of material Published Unpublished Total

Nondramatic literary works Monographs ...... 103.938 18.878 122.816 Serials ...... 109. 648 109.648 Machine-readable works ...... 759 420 1.179

Total ...... 214. 345 19.298 233. 643

Works of the performing arts Musical works ...... 24. 245 84.0 13 108.258 Dramatic works, including any accompanying music ...... 8 13 6.262 7.075 Choreography and pantomimes ...... 14 19 33 Motion picturn and filmstrip ...... 4. 828 9 10 5. 728 Total ...... 29. 900 91.204 121. 104

Works of the viaual arts Twedimenaional works of fine and graphic art. including prints and art reproductions ...... Sculptural worlra ...... Technical drawinga and modela ...... Photopapha ...... Cartographic works ...... Commercial prints and labelu ...... Works of applied art ...... Total ......

Sound Recordings ...... 7. 873 2.800 10.673

Grandtotal ...... 280. 270 121. 733 402.003 Renew& ...... 27. 001

TobI. all registrations ...... 429. 004 REPORT OF THE REGISTER OF COPYRIGHTS. 1979 Disposition of Copyright Deposits, Rscal Year 19 79

Received for Received for copyright copyright registration Acquired registration and forwarded or deposited and added to other without to copyright departments of copyrieht Category of material collection the Library registration Total

Nondramatic Literary works 1 Monographs, including machine-readable works ... 104.2 10 126,132 6,319 236,661 Serials ...... 223,236 71,882 295,118

Total ...... 104,210 349,368 78,201 531,779

Works of the performing arts Musical worls; dramatic works, including any accompanying music; choreography and pantomimes ...... 116,563 24,955 515 142,033 Motion pictures and fhstrips ...... 9 10 24,828 93 5,831

Total ...... 117,473 29,783 608 147,864

Works of the visual arts Two-dimensional works of frne and graphic art, including prints and art reproductions; sculptural works; technical drawings and models; photographs; commercial prints and labels; works of applied art...... 5 1,443 7,461 27 58,931 Cartographic works ...... 35 1,633 111 1,779

Total ...... 51.478 9,094 138 60,710

Sound recordings ...... 10,673 7,873 369 18,915

~otal,all depositP ...... 283,834 396,118 479,316 759,268

'Of this total. 41,770 copies were transferred to the Exchange and Gift Division for use in its programs. 'includes 2,248 motion pictures returned to remitter under the Motion Picture Agreement. 3Extra copies received with deposit and gift copies are included in these fwres. Totals include transfer of multimedia materials in any category. 4Of this total, 3,063 copies were transferred to the Exchange and Gift Division for use in its programs. REPORT OF THE REGISTER OF COF'YRIGHTS. 1979 Summory of Copyright Business

BalanceonhandOctoberl. 1978 ...... $901.558.23 Gross receipts October 1. 1978 to September 30. 1979 ...... : .... 4.934.173.29

Total to be accounted for ...... $5.835.731.52

Rehnded ...... $ 192.402.33 Checks returned unpaid ...... 15.27 1.80 Transfened as emed fees ...... 4. 90 1.189.78 Depodted as undeliverable checks ...... 4.995.50

Balances carried over October 1. 1979. Deposit accounts balance ...... $789.359.12 UnfMed busincas balance ...... 891.373.97 Cardsenice ...... 1.451.85

Total ...... $6.796.044.35 Leas liability on advanced traders ...... -960.3 12.8 3

Balance ...... $5.835.731.52

Registration Fees earned

Published works at $6.00 ...... Unpublished works at $6.00 ...... Renewals at $4.00 ...... Published works at $ 10.00 ...... Unpublished works at $10.00...... Renewals at $6.00 ......

Total registrations for fee ...... 429. 004 $4.178.5 78.00

Fees for recording documents ...... $142.558.00 Fees for certified documents ...... 23.302.00 Fees for searches made ...... 107.880.00 Fees for import statcmenta ...... 1.157.00 Fees for deposit receipts ...... 822.00 FeesforCATVdocuments ...... 2.156.00

Total fees exclusive of registrations ...... $277.875.00

Total fees earned ...... $4.456.453.00 REPQRT OF THE REGISTER OF COPYRIGHTS. 1979 Financial Statement of Royalty Fees for Compulsory Licenses for Seeonably Tmnsmissions by Cable Systems for Glendm Year 1978

Royalty fees deposited ...... $12.668.709.89 lnterest income on investments paid ...... 426.153.13

Less Operating costs ...... 215.403.72 Refunds issued ...... 67.969.40 Investments purchased at cost ...... 12.378.173.24

Balance as of September 30. 1979 ...... $433.316.66

Balance as of September 30. 1979 ...... $433.316.66 Face Amount of securities purchased ...... 12.690.000.00

Cable royalty fees for calendar year 1978 available for distribution by the Copyright Royalty Tribunal ...... $13.123.316.66*

*The Copyright Royalty Tribunal declared that an official controversy existed on September 6. 1979. and the royalty fees were not distributed. These royalty fees were reinvested August 31. 1979. for later distribution by the Copyright Royalty Tribunal

Financial Statement of Royalty Fees for Compulsory Licenses for Coin-OperatedPIayers for Calendar Year 19 79

Royalty fees deposited ...... $1.037.281.06 lnterest income on investments ...... 28.149.73

Les: Operating costs ...... $167.722.98 Refunds issued ...... 2.454.00 Investments purchased at cost ...... 885.226.78

Balance as of September 30. 1979 ...... $10.027.03

~alanceas of ~e~tember30. 1979 ...... $10.027.03 Face amount of securities purchased ...... 875.000.00 Estimated interest income due September 30.1980 ...... 113203.14

Jukebox royalty fees for calendar year 1979 available for distribution by the Copyright Royalty Tribunal on October 1. 1980

O U.S. GOVERNMENT PRINTINGOFFICE: 1980 0-330604